Thank you for visiting HumanKinetics.com, which is operated by Human Kinetics, Inc. This Terms and Conditions document will outline for you:
- Acceptable uses of this Web site
- Content and copyright policies, rights and rules
- Information regarding errors on this Web site
Your Use of This Web site is Governed by These Terms and Conditions
Please review the Terms and Conditions of the HumanKinetics.com Web site, contained herein. If you do not agree with any of these Terms and Conditions, you may not use the HumanKinetics.com Web site. You can accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions when this option is made available to you on the Web site or by actually using this Web site. Your use of this Web site constitutes your acceptance of these Terms and Conditions and you agree to be bound by them.
These Terms and Conditions May Change
Human Kinetics reserves the right to update or modify these Terms and Conditions at any time without prior notice. Therefore, please review these Terms and Conditions whenever you use this Web site. Your use of this Web site following any change to the Terms and Conditions constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
Questions regarding this Policy should be directed to firstname.lastname@example.org or may also be sent in writing to:
Human Kinetics Canada
Attn: Website Manager
475 Devonshire Road
Windsor, ON N8Y 2L5
These Terms and Conditions were last updated May 11, 2018.
All material contained within the Human Kinetics Web site is protected by copyright. All Rights Reserved and are protected to the fullest extend of Canadian, United States and International copyright laws. Except for use in a review or for the purposes of aiding in placing an order with Human Kinetics, the reproduction or utilization of this work in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including xerography, photocopying, broadcast and recording, and in any information storage and retrieval system, is forbidden without the written permission of the publisher. Order forms may be copied for the purpose of ordering materials from Human Kinetics. Read the Human Kinetics Permissions page for information about how to obtain permission to reproduce or utilize materials on the Web site.
The information on these Web pages is provided in good faith as a service to the international physical activity community, and all reasonable care is taken to ensure the information is correct and up to date. Please remember that some of the information provided on these pages may require technical knowledge or specialized training for use or implementation. In addition, no guarantee is made of the accuracy of the information provided on this Web site by Human Kinetics or any of the persons and organizations contributing to any part of this site. Human Kinetics and the authors and organizations contributing to the HK Web site disclaim all liability of any kind arising directly or indirectly from any use of the information conveyed on this site or any loss or damage incurred from such use. If you have questions about the accuracy or currency of any information provided on the Human Kinetics Web site, please send email to email@example.com, and we will attempt to rectify any uncertainty.
Product Inaccuracy Disclaimer
From time to time there may be information on our Web site or in our product catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. HK reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Human Kinetics is pleased to provide our customers with a wide variety of services on this Web site. We are constantly updating and improving our site in order to provide our site users with the best experience possible. You acknowledge and agree that the services on this site may change at any time without prior notice to you. You also acknowledge and agree that Human Kinetics can stop offering these services, permanently or temporarily, at any time at Human Kinetics' sole discretion without any prior notice. You may stop using our services at any time and have no requirement to notify Human Kinetics of your decision. You acknowledge that if you do not follow and abide by the Terms and Conditions of this site, Human Kinetics may disable your account, thereby preventing access to Services or any files or other content contained in your account.
Use of the Services
You agree to use the Services for only the purposes that are permitted by the Terms and Conditions of this site and by any applicable law or regulations in your Province, Country, or jurisdiction. You are not allowed to engage in any activity that interferes or disrupts the Services of this site or the servers or networks connected to the Services and site. You will not copy, sell, trade, resell, reproduce or duplicate any Services provided on this site. You are responsible for any breach of your obligations under the Terms and Conditions of this site and for the consequences, including any losses that Human Kinetics may suffer, of any such breach and further acknowledge that Human Kinetics has no responsibility to you or to any third party.
- In order to access many of the features on this site, you are required to create an account. You are required to provide accurate and complete information when creating your account, and you are solely responsible for any activity that occurs on your account.
- By creating an account, you affirm that you are 18 years of age or older. Children under the age of 18 are not allowed to create an account on this site and should not use this site.
- If at any time you fear there has been a breach of your account, you are responsible for contacting Human Kinetics. Human Kinetics is not responsible for such breaches.
- You shall at no time use any area of this site, including message boards, groups, messaging, or profiles, for commercial purposes. Any users found to be using this site for commercial purposes will immediately have their accounts removed.
- If you are found to have uploaded viruses, Trojan horses, or malicious code to your profile or other sections of the site, Human Kinetics retains the right to immediately remove your account and, when warranted, seek restitution to the fullest extent of the law.
- In order to ensure our site operates at an optimal level for all site visitors, Human Kinetics retains the right to delete files and content from your account after 12 months of inactivity; after removal, these files and content will be inaccessible.
User Submitted Content
- All information on this site, including data files, text, software, music, audio files, and videos, which you have access to as a user of this site, are the sole responsibility of the person from which such content originated.
- Any content presented to you may be protected by copyright and intellectual property rights which are owned by the content holder.
- You may not modify, rent, sell, distribute, or reproduce this content, in whole or part, unless you have been specifically told that you may do so by the owner of the Content in a separate agreement.
- Human Kinetics reserves the right (but is not obligated) to review, flag, refuse or remove any or all content posted to this Site.
- You acknowledge that by using this site you may be exposed to content that you find offensive or objectionable and that, in this respect, you should use this site at your own risk.
- You agree that you are responsible for any content that you upload or post to this Site and that the consequences of your actions are yours alone.
- Human Kinetics acknowledges and agrees that it obtains no right, title or interest from you under these Terms and Conditions to any content you upload or post. You agree that you are solely responsible for protecting the rights surrounding your proprietary content and that Human Kinetics has no obligation to intercede in rights protection on your behalf.
- You retain copyright and any other rights you already hold for your content which you submit, post or display on this site.
- Human Kinetics is not responsible for any viruses, Trojan horses, or malicious code that may be transmitted through user submitted content. Download content provided by other site users at your own risk.
Links to Other Sites and Content
This Web site includes numerous hyperlinks, including to other Web sites and content. Human Kinetics has no control over other Web sites and content. Human Kinetics is not responsible for the content or availability of such sites and content and does not endorse any content or information found on these sites. Human Kinetics is not responsible for any loss or damage which may occur by you as a result of visiting these external sites and content.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that a user on this site has infringed upon your copyright pursuant to the Copyright Modernization Act of 2012, please Contact Us.
Termination of Agreement
The Terms and Conditions of this site will apply until terminated by either you or Human Kinetics as outlined below:
- Human Kinetics may at any time terminate this legal agreement with you if you have breached any provision of the Terms and Conditions of this site, if Human Kinetics is required to do so by law, or if Human Kinetics suspends the delivery of services on this site.
- You may stop using our services at any time and have no requirement to notify Human Kinetics of your decision. If you wish to have your account removed, please Contact Us.
Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of HK in writing, HK accepts no liability for any failure of the goods to obtain such figures, whether attributable to HK’s negligence or otherwise. The responsibility for ensuring that goods are sufficient and suitable for a particular purpose is the customer’s unless specifically stated in writing by a director of HK. Any advice or recommendation given by an employee of HK which is not confirmed in writing by a director of HK is acted on entirely at the customer’s risk and HK shall not be liable for any such advice or recommendation which is not so confirmed.
HK shall not be liable for any damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to the negligence of HK, its employees, agents or subcontractors. These conditions of sale set out the entire liability of HK to the customer in respect of the goods and shall be in lieu and to the exclusion of all other warranties, conditions, and other terms implied by statute or common law save for any implied terms which by law cannot be excluded. Nothing in these conditions of sale excludes or limits the liability of HK for death or personal injury caused by HK’s negligence or fraudulent misrepresentation. HK’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to repairing, replacing or at HK’s option refunding monies already paid in respect of the goods. HK shall not be liable to the customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of HK, its employees, agents or subcontractors) which arise out of or in connection with any contract.
"Personal Data" means, data relating to any customer, enquirer, or any representative of a customer who is (in any case) a living individual. Personal Data is any data from which (whether alone or in combination with other information held by HK) HK can identify that customer or representative, regardless of how and when that data is provided. By accepting these terms and conditions, the customer or representative hereby agrees that HK may process Personal Data for the following purposes from time to time:
- HK deciding whether to enter into any contract or agreement with that customer. This may include credit reference searches, against a customer or the principal representatives of a customer;
- Direct Marketing of HK’s products and services, and that of carefully selected third parties whose products and services HK believes may be of interest to the customer. The customer is given the opportunity to expressly opt-out of this purpose, on ordering, on all future marketing activity and at any time in the future by contacting Human Kinetics Canada, 475 Devonshire Road, Unit 100, Windsor, ON, N8Y 2L5;
- E-mail Marketing of HK’s products and services, and that of carefully selected third parties whose products and services HK believes may be of interest to the customer. All subsequent e-mail marketing from HK will give the customer the opportunity to opt-out of this method of communication;
- Crime prevention or detection.
The processing of Personal Data may also involve:
- The disclosure of that Personal Data to HK’s agents, advisers and representatives;
- The disclosure of that Personal Data to carefully selected third parties whose products and services that HK believes may be of interest to that customer or representative, subject to the customers individual opt-in and opt-out preferences;
- By agreeing to these terms and conditions you agree that we may also disclose information about you to HK’s parent company, Human Kinetics Inc, of Illinois, USA. Although the USA does not have the same laws to protect your information, HKUSA’s purposes may involve only retention of the data, limited specific marketing and the fulfilment of journal subscriptions. Please be assured that Human Kinetics takes your data protection very seriously.
HK shall not be liable to the customer in any manner or be deemed to be in breach of these conditions of sale because of any delay in performing or any failure to perform any of HK’s obligations under these conditions of sale if the delay or failure was due to any cause beyond HK’s reasonable control (which shall include, but not be limited to government actions, war, fire, terrorism, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of goods or labour). HK may, at its option, delay the performance of, or cancel the whole or any part of a contract.
All contracts shall be governed by and interpreted in accordance with Canada law and the customer submits to the jurisdiction of the Canadian Courts, but HK may enforce such contract in any court of competent jurisdiction.
Any provision of these conditions of sale which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these conditions of sale and the remainder of such provision shall not be affected.
Failure by HK to enforce or partially enforce any provision of these conditions of sale will not be constrained as a waiver of any rights under these conditions of sale. HK reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on HK’s website or published within HK’s marketing and publicity materials.
These Terms and Conditions were last updated May 11, 2018.