Terms & Conditions of Service
Please read these Terms of Service before using our website. By using any part of the site, you agree to these terms. If you disagree, do not use the website or services.
This website is operated by Position Nutrition & Fitness. The terms ‘our’ or ‘we’ refer to Position Nutrition & Fitness, which provides this website, including all information, services, and tools available to you, upon your acceptance of all terms & conditions stated herein. By visiting our site or using our Services, you agree to be bound by these terms and conditions, including any additional terms available by hyperlink. These Terms apply to all users.
1. GENERAL CONDITIONS
We reserve the right to refuse service at any time. You agree not to reproduce, sell, or exploit any part of the Service or access to it without written permission from us.
2. CHANGES TO THE SERVICE AND PRICES
Service pricing is subject to change without prior notice. We reserve the right to modify, amend, or discontinue the services (or any part or content thereof) at any time without notice. We shall not be liable to you or any third party for any changes, amendments, price adjustments, or discontinuation of any service.
3. THIRD PARTY SOFTWARE
We may provide you with access to third-party software (collectively referred to a ‘tools’) over which we have limited control and input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of these tools.
Any use of these tools offered through the site is entirely at your own discretion and risk. Ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s). We may also, in the future, suggest new tools through which to support your service, in which the Terms and Conditions apply.
4. ACCURACY, COMPLETENESS, ERRORS, AND OMISSIONS OF INFORMATION
We are not responsible for inaccuracies, incompleteness, or outdated information on this site. From time to time, there may be information on our site or within the Service that contains errors, inaccuracies, or omissions related to service descriptions or pricing. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update information at any time without prior notice, including after a service has been placed. We are not obligated to update, amend, or clarify information in the Service or on any related website, except as required by law. Any reliance on it is at your own risk. We may modify the site's contents at any time but are not obligated to update. Monitoring changes to our site is your responsibility.
5. FEEDBACK AND COMMENTS
We may, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree not to violate any third-party rights, including copyright, trademark, privacy, or other personal rights. Additionally, your comments must not contain illegal, abusive, obscene material, or viruses/malware that could harm the Service or website. You cannot use a fake email, impersonate others, or mislead us or third-parties about the origin of your comments. You are solely responsible for your comments and their accuracy. We do not take responsibility or liability for any comments made by you or others.
If, at our request or without a request from us, you send certain specific information, ideas, materials, suggestions, feedback, proposals, or other materials via online feedback, you agree that we may, without restriction, edit, copy, publish, distribute, translate and otherwise use the information received in any medium or any comment(s) that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, to pay compensation for any comments and/or to respond to any comments.
6. PERSONAL INFORMATION
Your submission of personal information via the site will be kept strictly confidential under Alberta’s personal information protection act. Collection, use or disclosure of personal information for reasonable purposes as agreed to by the reasonable individual, and Position Nutrition & Fitness. Requirement of consent may be verbal or written.
7. PROHIBITED USES
You are prohibited from using the site or its content for: (a) any unlawful purpose; (b) soliciting unlawful acts; (c) violating laws or regulations; (d) infringing intellectual property rights; (e) harassment, abuse, defamation, discrimination; (f) submitting false information; (g) uploading malware; (h) collecting personal data; (i) spamming or phishing; (j) obscene purposes; (k) bypassing security measures. We may terminate your use of our Services for any violations.
8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from using the service will be accurate or reliable. At times, we may remove or cancel the service without notice. Your use of the service is at your own risk. The service and all products delivered through it are provided 'as is' and 'as available', without any warranties or conditions, either express or implied. Position Nutrition is not liable for any injury, loss, claim, or damages, including lost profits, revenue, savings, data, or any similar damages arising from your use of the service purchased through the service. In jurisdictions where exclusion of liability is not allowed, our liability is limited to the maximum extent permitted by law.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Position Nutrition & Fitness harmless from any and all claims, liabilities, damages, or expenses, including legal fees due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
10. SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall still be enforceable to the maximum extent permitted by applicable law.
11. TERMINATION
The obligations and liabilities incurred before termination will survive for all purposes. These Terms of Service are effective until terminated by you or us. You may terminate these terms by notifying us or ceasing to use our site. We may terminate this agreement at any time if you fail to comply with any term, without notice, and you remain liable for amounts due up to the termination date. We may also deny you access to our Services.
12. ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms of Service does not waive such rights. These Terms of Service and any related policies or rules on this site form the entire agreement between you and us, superseding all prior agreements and communications. Any ambiguities in these Terms of Service will not be interpreted against the drafting party.
13. GOVERNING LAW
This waiver shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles.

