Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

This website is operated by MuscleCare Products (a division of Active and Innovative Inc.) The terms “Company,” “we”, “us”, and “our” refer to MuscleCare Products.

All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law, as well as our Privacy Policy. If you do not agree to these terms and conditions, please do not use this website. These terms and conditions are subject to change at any time, and it is your responsibility to keep apprised of such changes. Any such change shall be effective immediately upon posting to this website. Your continued access and/or use of this website constitutes your continuing acceptance of these terms and conditions without reservation, limitation or qualification.

This Website Does Not Provide Medical Advice

The contents of this website are for informational purposes only. Text and information contained on this website, and reference to resource material is not intended to diagnose, treat, suggest a course of treatment, cure or prevent any disease, condition or malady. No warranty is made or given that any information on or linked to this website is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published.

The information contained in this website, or obtained as a consequence of using this website is not intended to be, nor is it implied to be, a substitute for professional medical or pharmaceutical advice. Users should always seek the advice of their physician, pharmacist, or other qualified health care provider prior to commencing any treatment for any conditions, diseases or maladies, and questions in relation to such treatment should be directed to such professional health care providers. Users should never disregard professional medical advice or delay in seeking such advice because of information obtained from this website. Reliance on any information provided on this website or provided by the Company’s employees or others appearing on this website at the invitation of the Company is solely at your own risk.

This website may contain content from third party sources. The Company does not necessarily endorse any third party products, views or information presented on this website and such information or content may not reflect the opinions, recommendations or practices of the Company.

Other Jurisdictions

This website can be accessed from countries around the world other than Canada and may contain references to the Company’s products, services and programs that have not been announced in your country. These references do not imply that we intend to announce such products, services or programs in your country. We make no representation that the content on this website is appropriate or available for use in other locations, and accessing this website from territories where its content is prohibited. Those who choose to access this website from other locations do so, on their own initiative and at their own risk and are responsible for compliance with local laws.

Copyrights and Trademarks

Everything you see or read on this website is copyrighted unless otherwise noted, and nothing from this website may be used by you except as provided in these terms and conditions without the prior written permission of the Company. The Company neither warrants nor represents that your use of materials displayed on or downloaded from this website will not infringe rights of third parties not owned by or affiliated with the Company.

All trademarks, service marks and trade names of the Company used in the website are trademarks or registered trademarks of the Company, or duly licensed by the Company. All rights in respect of all of such trademarks are reserved.

Nothing contained in this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, service mark or design displayed on this website without the written permission of the Company or any third party that may own any such item displayed on the website. Your use of any of the trademarks, logos, service marks, designs and other intellectual property displayed on this website and any other content on this website is strictly prohibited except only and to the limited extent expressly permitted in these terms and conditions. the Company will aggressively enforce its intellectual property rights to the fullest extent of the law should you breach any of these terms and conditions

Warranty Disclaimer

This website and the materials and products displayed and sold on this website are provided “as is” and without warranties of any kind, whether express or implied, except as specifically described under our Return and Refund Policy below. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. The Company does not make any warrantees or representations regarding the use of the materials in this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states, provinces or territories may not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

The information posted by the Company on this website is believed to be accurate when posted, but is not warranted or represented in any way to be so. Any use or reliance on such information is at your own risk. Your access and/or use of this website is strictly on an “as is” basis, and you must not assume that this website will be error free or that it will operate without interruption or as intended.

Limitation of Liability

The Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a the Company product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. the Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.

Security

You may choose to enter into credit card transactions through this website. The Company uses technology that ensures that your personal registration and account information is kept confidential and secure. When you provide personal information, such as your credit card number, this will be done using a secure server running secure socket layer (SSL) technology and supporting 128 bit encryption. The information is only decrypted once it reaches the Company’s servers. Refer to our Privacy Policy for further details on how your personal information is used and protected.

Confidentiality And Privacy Issues

Unless encrypted, information sent or received over the Internet is insecure and the Company cannot and does not make any representation, warranty or promise concerning the interception by third parties of your personal or other information. the Company will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to the Company through this website.

Term; Termination

These terms and conditions are applicable to you upon your accessing the website and/or completing the registration and/or purchasing process. These terms and conditions, or any part of them, may be terminated by the Company without notice at any time, for any reason. The provisions relating to Copyrights and Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification, Choice of Law , Arbitration and Miscellaneous, shall survive any termination.

Notice

the Company may deliver notice to you by means of e-mail, a general notice on the website, or by other reliable method to the address you have provided to the Company.

Choice of Law

By using this website, you agree that the laws of the Province of Ontario, Canada, without respect to its conflict of laws principles, will govern these terms and conditions and any dispute that might arise between you and the Company or its affiliates.

Arbitration

Any dispute, controversy or claim arising out of or relating to these terms and conditions (including any breach thereof), this website, any content or any item purchased from this website shall be finally resolved by confidential arbitration conducted under the Arbitration Act, 1991 (Ontario) (the “Act”). The Act is incorporated by reference into this section. The arbitration shall be conducted by a single arbitrator appointed by agreement between the parties or, if the parties cannot agree on an arbitrator, by a court as provided in the Act. Arbitrations shall be conducted in Toronto, Ontario, Canada, in English and shall be governed by the substantive and procedural law of Ontario. The decision arrived at in the arbitration shall be final and binding, and no appeal shall lie from that decision. Any award granted in the arbitration shall be recognized internationally and may be entered in any court having jurisdiction to enforce such awards.

Miscellaneous

Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of the Company products) must be commenced within one (1) year after the claim or cause of action arises. the Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. the Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a the Company or other licensed employee, host, or representative, as well as other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

the Company does not and cannot review all communications and materials posted to or created by users accessing the website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to the Company in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, the Company may link to websites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked websites, all of which have separate privacy and data collection practices, independent of the Company. These linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of its web website and the links placed upon it and therefore requests any feedback on not only its own website, but for websites it links to as well (including if a specific link does not work).

RETURN & REFUND POLICY

If you are not fully satisfied with our product, you can return it to us for refund or replacement.

Return items in the original packaging within 30 days of your purchase with receipt or proof of

purchase. If 30 days or more have passed since your purchase, we cannot offer you a refund or

an exchange.

Upon receipt of the returned item, we will notify you via email, within a reasonable period of

time, whether you are entitled to a refund or replacement. If you are entitled to a return, we will

refund your purchase price and a credit will automatically be applied to your original method of

payment.

To follow-up on the status of your return, please contact us at

customerservice@musclecare.net.

Shipping

To return the item you purchased, please mail it to:

USA:

ACTIVE AND INNOVATIVE

c/o DIRECT OUTBOUND

700 Ridge Rd.

GREENVILLE, SC   29607

Canada:

MuscleCare Products

1001 – 1 St. Clair Ave. East

Toronto, ON M4T 2V7

Refunds do not include any shipping and handling charges Shipping charges for all returns

Must be paid by the customer.