Terms of Use

Site Transactions

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 we make a change to or cancel an order, we will 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.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

Site Contents

Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by falling-waters CANADA INC. and other trademarks appearing on the Sites are the trademarks of falling-waters Canada Inc. and/or its subsidiaries.

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.

Unless otherwise specified, the Sites and the Contents are intended to promote falling-waters’s products and services available in Canada. The Sites are controlled and operated by falling-waters Head Office in Burnaby, British Columbia.

The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. falling-waters is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

User Comments, Feedback, and Other Submissions

falling-waters is pleased to hear from users and welcomes your comments regarding our products and services. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively “Comments”) sent to our Sites shall be and remain the exclusive property of falling-waters Canada Inc. Your submission of any such Comments shall constitute an assignment to falling-waters Canada Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. falling-waters Canada Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Sites (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

Many products displayed on the Sites are available in select falling-waters stores in Canada. The prices displayed on the Sites are quoted in Canadian Dollars and are valid and effective only in Canada.

Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.

Product Images

We have made every effort to display as accurately as possible the images of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any product will be completely accurate.

Shipping and Processing Fees

Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.

Links to Other Web Sites and Services

The Sites may contain links to other Web sites that are not under the control of falling-waters. falling-waters Canada Inc. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites’ users.

Disclaimer

The materials on the Sites are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. falling-waters Canada Inc. expressly disclaims any duty to update or revise the materials on the Sites, although falling-waters may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. falling-waters shall not be liable for any damages of any kind related to your use of the Sites.

Indemnification

You agree to defend, indemnify and hold falling-waters Canada Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.