STRIDE Everyday™ Web Site Terms of Use and User Agreement

Legal Notice

Overview:

The following terms and conditions apply to all visitors to or users (and all persons that the user represents) of the STRIDE Everyday™ web site (the home page of which is at www.StrideEveryday.com) (the “Web Site”).  This user agreement and the terms and conditions contained herein (the “User Agreement”) is a contract between you and STRIDE Everyday™ and applies to all users of the Web Site.  In this User Agreement, “you” or “your” means any person or entity using the Web Site, provided that if such person is under the Age of Majority, it also includes such person’s parent or guardian.  Unless otherwise stated, “STRIDE Everyday™”, “we” or “our” refers to Berkshire Axis Innovations Inc. and its successors and assigns.

This User Agreement describes your responsibilities and limitations to STRIDE Everyday's™ liability, among other things. This User Agreement, and those other terms incorporated by reference, constitutes the entire and only agreement existing between you and STRIDE Everyday™ regarding your use of the Web Site. Agreement to this User Agreement is required for usage of the Web Site.

PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, MAKE SURE THAT YOUR PARENT OR GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF.  YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT THROUGH YOUR CONTINUED USE OF THE WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.  PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.

Ownership of Contents:

Except as noted below in section 4, the Web Site and all of its content, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, the "Content" ) are the exclusive property of STRIDE Everyday™.  The Content is protected by copyright laws and other Canadian and international laws and treaties.

Access to the Web Site:

Access to the Web Site is entirely at the sole discretion of STRIDE Everyday™.  STRIDE Everyday™ reserves the right to grant or deny access to the Web Site to any person.

The Content is provided by STRIDE Everyday™ as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and provided you retain all copyright and other proprietary notices contained on the Content.  No right, title or interest in the Content is conveyed to you.  This is a limited license, not a transfer of title to the Content.  You may not, directly or indirectly, copy, reproduce, publish, transmit, distribute, display, post, modify, create derivative works from, sell, license or otherwise exploit the Web Site or any of the Content for any competitive or commercial purpose without the prior written permission of STRIDE Everyday™.  Any unauthorized copying, alteration, distribution, transmission, display, or other use of the Content is strictly prohibited.  At its sole discretion, STRIDE Everyday™ may revoke this limited license to any person at any time.  All rights not expressly granted herein are reserved by STRIDE Everyday™.

Trademarks:

STRIDE Everyday™ and its affiliated companies retain all rights regarding their trademarks, trade names, brand names, trade dress, and all associated logos and images, including but not limited to STRIDE, STRIDE Everyday, STRIDE FEMME, STRIDE LUXE, STRIDE ATHLETICS, OQUOS, REVEL EVERYDAY ( collectively, the “Trademarks”).  The Trademarks are registered and/or common law trademarks of Blue Folder Holdings Limited (Ireland) (“Blue Folder”) and/or STRIDE Everyday™, and are protected by Irish, Canadian and international laws and treaties.  No license to the use any of the Trademarks is granted to you under this User Agreement or by your use of the Web Site.  Your misuse of any of the Trademarks displayed on the Web Site (including use of the Trademarks in metatags and/or hidden text) is strictly prohibited.  You are also advised that Blue Folder and STRIDE Everyday™ place significant value in these Trademarks and as such will aggressively enforce its intellectual property rights to the fullest extent of the law, including, but not limited to, the seeking of damages and criminal prosecution.

Occasionally, STRIDE Everyday™ references trademarks, trade names, brand names and trade dress owned by third parties.  STRIDE Everyday™ claims no rights to or interest in these marks, names or trade dress and all associated logos or images.

Linking:

Periodically, links may be established from the Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites").  These links are provided for your convenience only.  In addition, certain Third Party Sites also may provide links to the Web Site.  None of such links should be deemed to imply that STRIDE Everyday™ endorses the Third Party Sites or any content therein.

STRIDE Everyday™ does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites.  Access to any Third Party Sites is at your own risk and STRIDE Everyday™ will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any of the Third Party Sites.

Informational Purposes Only:

It is your responsibility to take precautions to ensure that whatever information, including Content you may access or download, is free of viruses, worms, Trojan horses and other items of a destructive nature.  The Web Site is intended for information purposes only.  The Web Site is not intended to provide legal, educational, medical or other professional advice and should not be relied on in that respect.

Ordering STRIDE Everyday™ Products:

All information on the Web Site about the STRIDE Everyday™ products (“Products”) serves solely as an invitation to you to order Products from STRIDE Everyday™ as set forth herein and does not constitute an agreement to sell or license such Products by STRIDE Everyday™.  Your correctly completed order form, which must include your contact and credit card information, when delivered by pressing the “Accept / Purchase” button on the order page, forms your order to purchase the Products from STRIDE Everyday™.  Your order will be deemed to be accepted once STRIDE Everyday™ has received confirmation of payment in full from the payment processor of your credit card and STRIDE Everyday™ sends to you an email confirmation (to the email address submitted by you) in that regard.

Notwithstanding your order, we reserve the right to limit quantities available for sale.  We also reserve the right to at any time reject, correct, cancel or terminate any order for any reason whatsoever.  If the price of any item you order was incorrectly displayed on our Web Site, we will provide you with an opportunity to place an order at the correct price.

Be advised that we rely on the information you provide to us through our Web Site, including registration information (name, address, email address, etc.), payment information (credit card numbers, expiration dates, etc.), and transaction-related information.  By submitting your order and accepting the User Agreement, you are certifying to us that all of the information you provide to us is true, accurate, current and complete.  You will be solely responsible and liable for any and all losses, damages, and costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information, or your failure to update any registration information or payment information if it changes. Any personal information you provide in connection with your order will be collected, used and/or disclosed in accordance with our Privacy Policy.

If we have the item(s) you have ordered in stock, we will send you the shipping notice, which will confirm that the items have shipped and are en-route to you.  Items in stock will normally be shipped within 2 business days of your order being submitted.  Items that our not in stock will only be shipped once the items are back in stock.  Once the items are back in stock and have been shipped we will send you the shipping notice.  How soon you receive your ordered item(s) depends on the shipping method you have chosen.

If you have any questions about which items are in-stock, shipping times or anything else, please contact us at:

STRIDE Everyday™ Customer Service

19 Lesmill Road

Toronto, Ontario, Canada

M3B 2T3

Or by Email:customerservice@strideeveryday.com

Or by Telephone: (866) 502-4845

With respect to Products that you order through the Web Site, you acknowledge and agree that upon delivery of the Products, STRIDE Everyday™ will have fully satisfied its obligation under this User Agreement, regardless of any failure or inability of you to use such Products.

STRIDE Everyday™ will not be responsible for lost, stolen, delayed or diverted orders due to factors beyond STRIDE Everyday™’s control.

Returns:

If you are not satisfied with your purchase, contact STRIDE customer service at customerservice@strideeveryday.com or by phone at 1-866-502-4845 and we will provide instructions on how to return the product for a refund. We will send you a stamped self-addressed envelope for you to retun the heat stamp from the pair with which you are not satisfied. Once we receive your return, we will process your refund. Please allow up to 2 billing cycles for your refund to show up on your credit card statement.

Requests for returns or exchanges must be received within 30 days of your receipt of the merchandise.

Pricing and Availability:

STRIDE Everyday™ reserves the right to change the prices of Products described on the Web Site at any time and for any reason.

All prices quoted are payable in the currency indicated.  Shipping and Handling are charged separately.  Canadian orders are subject to G.S.T., P.S.T. (in Ontario), TVQ (in Quebec) and H.S.T. (in New Brunswick, Nova Scotia and Newfoundland). U.S. orders are subject to taxes required by their local jurisdiction.

While every effort is made to ensure that descriptions of Products and prices are accurate, occasionally errors do occur.  STRIDE Everyday™ reserves the right to correct errors in Products descriptions and/or pricing at any time.

Terms and Method of Payment:

Payment for Products must be made by a valid credit card from our list of accepted credit cards.  No order will be processed unless STRIDE Everyday™ receives confirmation of payment in full from your credit card processor.

Restrictions:

To place an order on the Web Site, you must have a valid Account and comply with this User Agreement and our Privacy Policy. 

You acknowledge that you are responsible for maintaining the security of, and restricting access to, your Account, including without limitation your password, and you agree to accept responsibility for all orders and other activities that occur under your Account.  You must be of the Age of Majority in the jurisdiction where you are placing orders through the Web Site. 

Termination:

STRIDE Everyday™ may terminate or suspend your Account and/or access to all or part of the Web Site and/or any products or services available through the Web Site in the event (i) it determines after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of STRIDE Everyday™ or other third parties or (ii) STRIDE Everyday™ determines to cease its operations and/or its provision of any applicable products or services in connection with the Web Site.

Communications:

The parties who are resident in Canada have requested that this User Agreement and all communications and documents relating hereto be expressed in the English language.  Les parties aux présentes qui sont résidents au Canada ont exigé que ce contrat d'utilisation ainsi que tous les communications et documents s'y rattachant soient exprimés dans la langue anglaise.  You further acknowledge and agree that all communications and documents between you and STRIDE Everyday™ with respect to your use of the Web Site may take place electronically and that all such electronic notices, agreements, and other communications from STRIDE Everyday™ shall be the legal equivalent of written communications.

Disclaimer of Warranty:

The Content is believed to be reliable when posted; however, STRIDE Everyday™ does not guarantee the quality, accuracy, completeness, or timeliness of the Content. THE USE OF THE WEB SITE IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEB SITE AND THE STRIDE Everyday™ MATERIALS ACCESSIBLE THEREIN ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED BY LAW, STRIDE Everyday™ DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE WEB SITE, THE CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEB SITE OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.

STRIDE Everyday™ DOES NOT WARRANT THAT THE WEB SITE OR ANY WEBSITE TO WHICH THE WEB SITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE.  STRIDE Everyday™ RESERVES THE RIGHT TO MODIFY AND/OR DISCONTINUE THE WEB SITE AT ANY TIME WITHOUT NOTICE.

IN ADDITION, STRIDE Everyday™ DOES NOT WARRANT THAT THE WEB SITE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FINALLY, STRIDE Everyday™ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.  THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE WEB SITE RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THE WEB SITE.  IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU, AND NOT STRIDE Everyday™, ARE RESPONSIBLE FOR THOSE COSTS.

SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

Jurisdiction:

The Web Site is controlled, operated and served by STRIDE Everyday™ in Ontario, Canada. STRIDE Everyday™’s offices are located in Ontario, Canada.  If you choose to access and use the Web Site from another location, country or jurisdiction you are responsible for compliance with local laws, if and to the extent local laws are applicable.  This User Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and the laws of Canada, without giving effect to any principles of conflicts of law. You agree that all orders that you may place through the Web Site shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. If the arbitration and dispute resolution provisions of this User Agreement are not enforceable, you agree that, except as set forth below, any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the provincial or federal courts, located in Toronto, Ontario, Canada, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The language of any proceedings arising under this User Agreement shall be English.  Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by this User Agreement.

Your Communications (Right to Use):

STRIDE Everyday™ shall be free to use any comments, descriptions, testimonials, ideas, concepts, know-how, or techniques contained in any communication you send or provide to STRIDE Everyday™ for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information (the “Right to Use”).  By providing such communication to STRIDE Everyday™, you expressly and irrevocably convey the Right to Use to STRIDE Everyday™ without any claim or right to compensation whatsoever.

Any personally identifiable information you provide to STRIDE Everyday™ shall be subject to STRIDE Everyday™'s Privacy Policy

You acknowledge and agree that by providing STRIDE Everyday™ with any personal information through the Web Site, you consent to the transmission of such personal or proprietary information over international borders as necessary for processing in accordance with STRIDE Everyday's™ standard business practices and Privacy Policy. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. STRIDE Everyday™ is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STRIDE Everyday™ BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENTS OR CONTENTS WITH WHICH IT IS LINKED OR THE PRODUCTS, EVEN IF STRIDE Everyday™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  WITHOUT LIMITING THE FOREGOING, STRIDE Everyday™ IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEB SITE. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF STRIDE Everyday™ FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE WEB SITE,  THE CONTENTS, THE PRODUCTS OR ANY OF THE STRIDE Everyday™ MATERIALS OR FUNCTIONS AT THE WEB SITE, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR PURCHASES MADE ON THE WEB SITE OR (II) CAN$100.

Revisions:

STRIDE Everyday™ endeavours to provide current and accurate information on the Web Site. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. STRIDE Everyday™ cannot guarantee that products and services advertised on the Web Site will be available when ordered or thereafter. STRIDE Everyday™ does not warrant that the Content including, without limitation, Product descriptions or photographs, is accurate or complete.

STRIDE Everyday™ reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Web Site, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Web Site content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.

The advertisements on the Web Site are invitations to you to make offers to purchase products and services on the Web Site and are not offers to sell. All prices and other amounts appearing on the Web Site are quoted in the currency indicated.

Indemnity:

YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS STRIDE Everyday™ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, PARTNERS, SERVICE PROVIDERS, CONSULTANTS, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE STRIDE GROUP”) FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY PARTY OF THE STRIDE GROUP MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THE WEB SITE, YOUR ACCOUNT(S) AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR PURCHASE OF ANY PRODUCTS; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.  YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH STRIDE Everyday™ IN THE DEFENSE OF ANY CLAIM.  WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Violations of User Agreement & Termination:

STRIDE Everyday™ reserves the right to seek all remedies available at law and in equity for violations of this User Agreement, including the right to block a User and/or access from a particular Internet address to the Web Site, and, if deemed appropriate in STRIDE Everyday's™ sole and absolute discretion, contact the appropriate law enforcement agencies. STRIDE Everyday™ may, in its sole and absolute direction, terminate or suspend your access to all or part of the Web Site at any time, with or without notice to you, for any reason.

Use of “Cookie” File Feature:

STRIDE Everyday™ reserves the right to store information on your computer (i.e. the computer you use to access the Web Site) in the form of a “cookie” or similar file for purposes of modifying The Web Site to reflect your preferences. The Web Site’s Privacy Policy provides additional information regarding STRIDE Everyday's™ use of cookies as well as procedures for disabling cookies.

General:

Section headings are provided for convenience of reference and do not constitute part of this User Agreement. Any references to a particular section of this User Agreement shall be deemed to include reference to any and all subsections thereof. The waiver by STRIDE Everyday™ of a breach of any provision of this User Agreement or the documents it incorporates by reference will not operate or be interpreted as a waiver of any other or subsequent breach. If any part of this User Agreement shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. If any remedy set forth in this User Agreement is determined to have failed of its essential purpose, then all other provisions of this User Agreement, including the limitations of liability and exclusions of damages, shall remain in full force and effect. If an ambiguity or question of intent arises with respect to any provision of this User Agreement, this User Agreement will be construed as if drafted jointly by STRIDE Everyday™ and you and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of this User Agreement. If you have purchased any Products from the Web Site, the purchase shall be governed by this User Agreement.

All pictures and photographs on the Web Site are considered Licensed Material and cannot be downloaded for anything other than personal use. Republication, retransmission, reproduction or other use of the Licensed Material is prohibited. The Licensed Material is being used for illustrative purposes only, and any person depicted in the Licensed Material is a model.

Last revised:  June 15, 2010.