TERMS OF USE

TERMS OF USE

Copyrights

This Site and the materials are the property of ATLAS BAR®. ("ATLAS BAR®") and its licensors, and are protected by copyright, international treaties, and other laws.

Use License

ATLAS BAR® grants you permission to view this Site and to print individual pages from this Site for your own personal, non-commercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to ATLAS BAR® that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and ATLAS BAR® relating to the sale of products or services (collectively, "Products"), ATLAS BAR® will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Trademarks and Patents

The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of ATLAS BAR® and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. ATLAS BAR® aggressively enforces its intellectual property rights to the fullest extent of the law. The name of ATLAS BAR®, the ATLAS BAR® logo or the other ATLAS BAR® formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from ATLAS BAR®. ATLAS BAR® prohibits use of the ATLAS BAR® logo as part of a link to or from any site unless establishment of such a link is approved in advance by ATLAS BAR® in writing. Fair use of ATLAS BAR®'s Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners. Please view "ABOUT ATLAS BAR" for Patent Information.

Links to Third Party Sites

This Site may contain links to Sites owned or operated by parties other than ATLAS BAR®. Such links are provided for your reference only. ATLAS BAR® does not control outside Sites and is not responsible for their content nor their conformity to applicable laws. ATLAS BAR®'s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does ATLAS BAR®'s inclusion of the links imply that ATLAS BAR® is authorised to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Products

This Site displays products available for purchase in Canada and other markets, however not all products are available at all times and products may be changed, substituted or discontinued at any time. ATLAS BAR® attempts to provide an accurate description of the products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Additional terms and conditions applicable to your online purchases are provided to you on the Site as you order products, prior to completing your purchase.

Product Orders

While we use our best efforts to fulfill all orders, ATLAS BAR® cannot guarantee the availability of any particular product displayed on this Site. ATLAS BAR® reserves the right to discontinue the sale of any product listed on this Site at any time without notice.

Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.

The prices displayed on this Site are quoted in CDN dollars and are valid and effective only within Canada, and such prices do not include shipping and handling (unless otherwise indicated) or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges, customs duties, tariffs and taxes that may apply to your order.

While our goal is an error-free site, we do not guarantee that any content is 100% accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. ATLAS BAR® reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

Payment

We accept only the payment methods indicated on the Site or Marketplace. When you provide payment information, you represent that the information is accurate and that you are authorised to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.

Shipping Cost – The cost of shipping determined by the weight, size and number of packages that are being shipped as well as the distance of the destination address from our distribution centre in Toronto.

Shipping rates can be obtained by simply adding the products to the cart and then entering your address and clicking the “Calculate” button.

We strive to offer our customers the most competitive shipping rates possible and do not profit from them.

Delivery time - Orders are shipped out within 1-5 business days. ATLAS BAR® saves no effort to guarantee a fast shipment of each and every package. However; delays may occur during a busy season or due to severe weather conditions that are out of our hands.

Address Change – ATLAS BAR® reserves the right to request additional information prior to approving orders where the billing address is different from the shipping address. Customer may be required to add the shipping address on your credit card file with your credit card issuer as a secondary address to complete the address. For security purposes on the various marketplaces we operate, it may be necessary for the billing and shipping address to be identical or else the order may be refused.

Couriers - All packages are shipped with Canada Post. However, ATLAS BAR® reserves the right to get the package shipped with a different courier due to logistic restrictions. In this case ATLAS BAR® will ship the package (s) with an equivalent service level. Our shipping calculators provide an estimated time of arrival. Estimated time of arrival is an estimated date and it is not guaranteed that the package (s) will arrive on that exact date.

Tracking - Canada Post shipments can be tracked at www.canadapost.ca. Tracking information normally becomes available several hours after the packages are picked up, however, in some cases during busy seasons it may take the shipping companies (Canada Post), little longer to register the packages. Tracking numbers are automatically emailed to the customer as soon as the order was processed, however they become active only after picked up by the shipping company. Tracking number can also be located at the “My Account” panel. Please make sure to track your order to avoid any problems or delays as Canada Post and will make one delivery attempt after which it is taken to the nearest depot from the packages must be picked up within one week, before they are shipped back to us. Should a package be returned to our warehouse, it will be the customer’s responsibility to cover the cost of reshipping the package (s).

Although Canada Post is our preferred carrier, we may use other services when deemed beneficial to our customers.

Please note that we do not ship to P.O. boxes.

Stated shipping times and delivery estimates are only estimates and are not binding. If a product becomes unavailable between ordering and processing, we will cancel your order and attempt to notify you using the contact information provided in connection with your order. Legal title to products, and the risk of loss or damage to the products, is transferred to you when products are provided to the carrier. You will be responsible for filing any claims with the carrier for damaged and/or lost shipments.

RETURNS & REFUNDS – At this time due to the hygienic nature of our products and public health concerns about COVID-19, we are unable to offer returns at the customer’s expense at this time.

NO WARRANTIES; EXCLUSION OF LIABILITY

ATLAS BAR® MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED BY ATLAS BAR® "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ATLAS BAR® SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS AND PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ATLAS BAR® SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER ATLAS BAR®, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR PRODUCTS ON THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

General

You agree that this agreement and your use of this Site are governed by the laws of the Provinces of Canada and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organisations in Toronto, Ontario, Canada in all disputes: (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organisation. This Site is made available to residents of Canada only. Use of this Site in any other jurisdiction is unauthorised. ATLAS BAR® has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or Products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. With the prior agreement of ATLAS BAR®, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Arbitration Act, 1991 and any such arbitration proceedings shall be brought and held in Toronto, Ontario. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgement upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You agree that ATLAS BAR® may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and ATLAS BAR® as a result of this agreement or your use of this Site. ATLAS BAR®'s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of ATLAS BAR®'s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by ATLAS BAR® with respect to such use. This agreement, the privacy statement, and terms of sale presented to you in connection with your transaction constitute the entire agreement between you and ATLAS BAR® with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ATLAS BAR® with respect to this Site. No modification of this agreement shall be effective unless it is authored by ATLAS BAR®. or its affiliates, or unless it is physically signed in blue ink by a ATLAS BAR® officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by ATLAS BAR® in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by ATLAS BAR® in printed form.

Liability – ATLAS BAR® reserves the right to cancel any order and for any occurrence. Under these circumstances, the customer will be immediately notified of such occurrences. ATLAS BAR® is not liable or responsible for any damages caused by the equipment or misuse.

Please enjoy your chosen activity responsibly, and seek consultation from a general health practitioner to determine your level of fitness. Get the proper training, make sure you are in good physical condition and are correctly equipped. Some or all of the activities for which we sell equipment can pose a significant risk to your well-being. ATLAS BAR® does not assume any responsibility for actions resulting from or associated in any way with purchases of any products on our site. By using our site, and through your purchase, you acknowledge and attest that you understand these risks, and that you take full responsibility for your own actions. Always consult a physician when beginning an exercise program.

Disclaimer and Limitation of Liability – Except as otherwise provided in the standard terms of sale that govern the sale of each product or service on this this site, this site, the products that are sold on it and purchases are made through it are provided by us on an “As-is” basis. We make not representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. This site may contain inaccuracies, mistakes or typographical errors. We do not guarantee that the content will be error free.

To the maximum extent allowed by law, we will not be responsible for any damages of any kind arising from the use of this site, including but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent accepted by applicable law, our total liability to you any damages shall not exceed in the aggregate the amount of fees actually paid by you to us during the month immediately preceding the act allegedly giving rise to our liability.

Zero Tolerance – In instances of suspected fraud or digital shoplifting, it is our policy to immediately report such activity to the relevant marketplace and or payment processor, the Postmaster or Carrier Service, Local Law Enforcement and Collection Agencies in no particular order.

Indemnification

You agree to indemnify, defend and hold harmless ATLAS BAR® and its affiliates, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from use of the Site and any violation of these Terms. If you cause any technical disruption of the Site or the systems transmitting the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.