Terms, Conditions, and User Agreement

This policy updates and overrides any pre-existing policies found on any other site or content material properties. Simple Science Fitness, Lapiak Design, or Joachim Lapiak hereinafter either collectively or individually is referred to as "SSF."

Agreement

Use of and access to SSF's web, database, email, digital or printed content, and/or mobile application properties, as well as any related content, regardless of media, is subject to the terms, conditions, and disclaimers set forth below and to all applicable laws and regulations. SSF reserves the right to modify these disclaimers, terms, and conditions of access without advance notice. This agreement constitutes a binding contract between SSF and you, the user. By accessing one of SSF’s web, database, email, digital or printed content, and/or mobile application properties, you hereby accept this User Agreement in full. As a material condition of such access and use, you warrant that you are over the age of thirteen and that you have provided complete and accurate information in any communication with SSF.

Database

SSF’s web, database, and mobile application properties are dynamic. This means that product ratings on any of these properties may change based on evolving science, new information, or other factors, as well as that the contents of e-mail messages and consumer guides may not reflect SSF's current ratings or evaluations of products. SSF makes no representations or warranties about any of the products rated on its web, database, and mobile application properties, or products referenced in e-mail messages. SSF hereby disclaims all warranties with regard to the products rated on its web, database, and mobile application properties, or products referenced in e-mail messages, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular purpose. SSF further disclaims all warranties with regard to any products made available to members of the public by SSF through any of these properties or e-mails, for example (but not limited to) consumer guides, gift bags and their contents, and product sample packs, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular use.

Accuracy

SSF has worked to ensure the accuracy of the information it provides through its products and services, including through SSF’s web, database, email, digital or printed content, and mobile application properties. The product ratings, images, conclusions, recommendations, and findings that appear on SSF’s web, database, and mobile application properties, or in e-mail messages, reflect SSF’s research at the time of publication. Please be advised that this information frequently relies on data obtained from many sources, and accordingly, SSF cannot guarantee the accuracy of the information provided or any analysis based thereon. Moreover, in light of evolving regulatory and market conditions, subsequent product reformulations, and other factors, this information may no longer be current.

Personal Use

SSF’s web, database, email, digital or printed content, and mobile application properties are provided solely for your personal, non-commercial use. They are meant to help consumers make informed choices about their health and fitness and decisions about products. You may not develop or derive for commercial sale, or any other use, any data in machine-readable or other form that incorporates or uses any substantial part of SSF’s web, database, email, digital or printed content, and/or mobile application properties, nor transfer to or store any data residing or exchanged over SSF’s web, database, email, digital or printed content, and/or mobile application properties in any electronic network for use by more than one user, unless you obtain prior written permission from SSF. Specifically, unless explicitly authorized in these terms and conditions, or authorized by prior written agreement with SSF, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from SSF’s web, database, email, digital or printed content, and/or mobile application properties.

Reproducing SSF Materials

SSF welcomes requests to reproduce SSF materials, including, but not limited to, articles, reports, blog entries, press releases, videos, images and photos. For more information about sharing SSF’s work in any medium, including online and in hard copy, please contact SSF.

Use of Artwork

Please be advised that you may not use SSF’s artwork, trademarks, trade names, trade dress, service marks, logos, domain names and similar designations of source or origin to develop, manufacture, promote, market, distribute, and/or sell products without first obtaining permission. If you are a company interested in using SSF’s artwork or would like to find a way to partner with us, please contact SSF.

Copyright

SSF’s web, database, email, digital or printed content, and mobile application properties, and all other text and images contained in SSF's products, are protected by Canadian trademark and copyright law and/or other applicable law, and are the property of SSF, except as otherwise identified. All copyrights and trademarks not the property of SSF that are used or referred to in SSF’s web, database, mobile application properties, e-mail, and other SSF products are the property of their respective owners. Nothing contained in the site, e-mail messages, or other products shall be construed as granting any license or other rights to any copyright, trademark, patent, or other property of SSF or any third-party, whether by implication, laches, estoppel or explicit grant.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act (“DMCA”), as it relates to online service providers, requires removing material that allegedly violates someone’s copyright. SSF respects others’ intellectual property rights, and reserves the right to delete or disable content alleged to be infringing from SSF’s web, database, email, digital or printed content, and mobile application properties and to terminate the accounts of repeat alleged infringers.

If you believe your or someone else’s copyright is being infringed on SSF’s web, database, or mobile application properties, or in e-mail messages, please contact SSF. To provide proper notice, please include in your communication: a physical or electronic signature of a person authorized to act on behalf of the owner(s) of the infringed copyright; identification of the copyrighted work or works you claim have been infringed; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; information reasonably sufficient to permit SSF to contact you (e.g, address, telephone number, and e-mail address); a statement that you have a good faith belief that use of the material is not authorized by the copyright owner(s); and a statement that information in the complaint is accurate and that you are authorized to act on behalf of the copyright owner(s).

Risk Warning

By accessing SSF’s web, database, email, digital or printed content, and/or mobile application properties, you acknowledge that any reliance upon any advice, opinion, statement, reccomendation, or other information displayed or distributed through SSF’s web, database, email, digital or printed content, and/or mobile application properties is at your sole risk. SSF reserves the right, in its sole discretion and without notice, to correct any errors, omissions, or publish any update in any portion of SSF’s web, database, email, digital or printed content, and mobile application properties. You further acknowledge and agree that SSF is not responsible for any materials posted by other users of SSF’s web, database, and/or mobile application properties.

Medical Disclaimer

Any and all information and advice that SSF makes available through its products and services, including through its web, database, email, digital or printed content, and mobile application properties, are for general informational purposes only and are not intended as, nor should they ever be considered a substitute for, professional medical advice. Do not use such information or advice for diagnosing or treating any medical or health condition. Always consult a physician or other qualified healthcare provider in all matters related to your health and/or the health of any family member, friend, or acquaintance, including questions about medical conditions, particularly regarding symptoms that may require diagnosis or medical care. Never disregard or delay seeking professional medical advice or care because of something you have read on any of SSF’s web, database, email, digital or printed content, and mobile application properties. Without limiting any other terms or conditions of this Agreement, SSF makes no representations or warranties with respect to any information or advice offered or provided through its products and services regarding treatment, action, or application of medication or medical care. Neither SSF nor any of its affiliates, nor any of their respective officers, directors, representatives, agents, advisors, contractors, and employees, will be liable for any direct, indirect, consequential, special, or any other damages arising therefrom.

Indemnification

You hereby agree to indemnify, defend, and hold harmless to the fullest extent permitted by law SSF, and its officers, directors, representatives, agents, advisors, contractors, and employees, from and against any and all losses, liability, damages, costs, and expenses (including reasonable attorneys’ and consultants’ fees and disbursements, costs and expenses of investigation and litigation, and costs and expenses of settlement, judgment, interest and penalties) incurred by SSF from any claims of any third person (including governmental agencies and authorities) arising out of, based upon, or resulting from: (1) breach or alleged breach of any of your representations, warranties, or obligations set forth in this User Agreement; (2) your reliance upon any advice, opinion, statement, recommendation, or other information displayed or distributed through SSF’s web, database, email, digital or printed content, and/or mobile application properties; or (3) your manufacture, sale, distribution, promotion, advertisement, or use of any products, including claims related to personal injury or property damage. You shall cooperate as fully as reasonably required in the defense of any claim.

Disclaimer of Warranties

You expressly agree that the use of SSF's online content and services, including SSF’s web, database, email, digital or printed content, and/or mobile application properties, is at your sole risk. SSF'S content is provided as an 'as is' basis and SSF makes no warranties, expressed or implied, and disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SSF disclaims any warranty that the service will be uninterrupted, secure, or error-free. No advice, recommendation, opinion, or other information obtained through SSF's web, database, email, digital or printed content, and/or mobile application properties, orally or in any media, shall create any warranty from SSF not expressly stated in this agreement. Except as otherwise stated, ssf makes no warranty or representation regarding the confidentiality of any communication or information transmitted on SSF's web, database, email, digital or printed content, and/or mobile appilcation properties, or any website linked to SSF's databases.

SSF further disclaims all warranties with regard to any products made available to members of the public through any SSF properties or e-mails, for example (but not limited to) consumer guides, gift bags and their contents, and product sample packs, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular purpose.

SSF disclaims all warranties with regard to any third-party products displaying SSF artwork on the product's packaging or in any marketing materials, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular purpose.

SSF and its directors, officers, employees, and other representatives shall not be liable under any circumstances for any direct, indirect, consequential, special, exemplary, punitive, or other damages, including lost profits or costs or attorney's fees, under any legal theory including, but not limited to, breach of contract, breach of warranty, negligence, or strict liability, regardless of whether SSF was informed of the possibility of such damages. In provinces or states that do not allow the exclusion or limitation of certain categories of damages, SSF's liability is limited to the fullest extent allowed by such province's or states' laws.

Third-Party Sites

SSF’s web, database, email, digital or printed content, and mobile application properties may contain links and pointers to other sites on the Internet, which may be maintained by third-parties. Such links do not constitute an endorsement by SSF of any third-party site or any materials contained therein. SSF does not control, and is not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products, or services accessible from such third-party sites.

Fee-Shifting, Choice of Law

If you attempt to bring any legal action against SSF based in any way on its products or services, including SSF’s web, database, email, digital or printed content, and/or mobile application properties, you agree that, in the event you do not prevail or SSF does prevail, you will reimburse SSF for any costs and attorneys fees associated with SSF’s defense of the action. Use of or access to SSF’s web, database, email, digital or printed content, and/or mobile application properties and any claim or dispute relating to SSF’s web, database, email, digital or printed content, and/or mobile application properties shall be governed by the laws of the government, without regard to its conflicts of law principles. Any claims, disputes, or litigation arising in connection with the use of or access to SSF's web, database, email, digital or printed content, and/or mobile application properties will be brought solely in the government, and you consent to the jurisdiction of such courts. Use of or access to SSF’s web, database, email, digital or printed content, and/or mobile application properties is unauthorized in any jurisdiction that does not give full effect to all provisions of these terms of service, including without limitation this paragraph. If any provision or portion of these terms and conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire User Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.