PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY OF ITS PAGES, AND MAKING ANY PURCHASES OF FORCTIS™ PRODUCTS (“Products”), YOU AGREE WITH FORCTIS REHAB AND STRENGTH INC. TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THIS WEBSITE OR MAKE ANY TRANSACTIONS WITH FORCTIS.

The content of forctis-strength.com, including text, images, and graphics (collectively, the “Site”), is for informational purposes only. The content is not intended to substitute for professional medical advice, diagnoses or treatments. If you need medical advice, locate a qualified healthcare practitioner in your area.

Safety Notice

You must consult a qualified healthcare practitioner before using any Products.

Using the AKLS™ ankle system, on a frayed, worn, or otherwise damaged cable, band, anchor, clip, or ring is dangerous and should not be done. Always inspect the cable, band, anchor, clip, and ring prior to use. Do not use a frayed, worn, or otherwise damaged cable, band, anchor, clip, and ring at any time. Using an AKLS™ ankle system improperly or without properly fitted and secured straps may result in the unit slipping off the foot. Do not use the AKLS™ ankle system without a properly fitted and secured foot strap at any time, and do not apply more than 50lbs to any individual AKLS™ ankle system anchor clip or ring at any time.

By buying, using, providing, or allowing the use of Products, you (or your legal guardian if you are a minor) understand and agree that using these products are high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF FORCTIS INCLUDING BUT NOT LIMITED TO PRODUCT MALFUNCTION FROM WHATEVER CAUSE, OR ANY OTHER FAULT OF FORCTIS. You (or your legal guardian if you are a minor) have read, understand, and agree to these Terms, and you (or your guardian) understand that you are participating in a high-risk activity and assume the risk of death or other personal injury.

1. Acceptance of Terms

Forctis Rehab and Strength Inc. (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors, collectively “Forctis,” “we”, “us”, or “our”) maintains the Site to provide you with information about our products and services. All products and services offered by Forctis may also be subject to additional terms and conditions applicable to such products and services, which will be incorporated into these Terms by this reference.

By using the Site, including all the areas available through the Site, and the related services (collectively, such services, including the sale and purchase of Products, and any new features and applications, together with the Site, the “Services”) offered by Forctis, in any manner, including, but not limited to, visiting or browsing the Site or placing an order, you, the user (collectively “you”, or the “user”), acknowledge and agree to these legally binding Terms.

Please also read carefully the terms of our Privacy Policy, which are incorporated by reference.

Forctis may, at its sole discretion, change these Terms from time to time. If changes to these Terms occur, we will notify you by posting the updated terms on the Site or by email. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms means you accept those new terms.

2. Creating an Account

You may view Content (as defined below) on the Services without creating an account, but as a condition of using certain aspects of the Services, including placing an order for a Product, you may be required to create an account using an email address and password. You are solely responsible for activity that occurs on your account and will be responsible for maintaining the confidentiality of your password for the Site. You will never use another user’s account. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to team@forctis-strength.com immediately. You agree that you are responsible for anything that happens through your account until you cancel and close your account or prove that your account security was compromised due to no fault of your own.

Forctis cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an account, you are still subject to these Terms covering the delivery of the Services.

3. Purchasing Products

The following terms and conditions relating to the purchase and sale of Products, and supersede any prior understandings, transactions, and communications, whether written or oral, with respect to the purchase of Products. You cannot impose any additional terms or conditions on your purchase of Products, including in any purchase order or quotation issued to Forctis.

Services and Client Description

The Site is designed to provide you with information about the Products and to give you the ability to order Products (an “Order”).

Product Availability and Cancellation

The purchase of Products is subject to availability. We reserve the right at any time after receipt of your Order (even after confirmation of purchase) to accept or reject your Order in whole or in part for any reason and Forctis will contact you for any Order rejection.

Pricing

Prices are not guaranteed and are subject to change without notice. Orders will be invoiced at the price prevailing at the time of the Order. Prices do not include applicable taxes. By confirming your purchase at the end of our purchase process, you are agreeing to pay the total price whatever it may be, including any applicable taxes. All pricing is in the currency denominated at the time of the purchase transaction. Shipping and insurance is extra.

If we make an error in pricing on the Site or elsewhere, we may, in our sole discretion, reject or cancel any Orders placed for that Product. We will contact you if this is the case.

Payment

To pay for an Order, you must provide Forctis with the information necessary to process such Order including: (i) your shipping address; (ii) your billing address; and (iii) your payment method. You then agree to pay Forctis the charges incurred with any Order. If you dispute any charges, you must inform Forctis in writing within thirty (30) days of being billed by Forctis.

Forctis uses a third-party payment processor (currently PayPal), for any orders made through the Site. We do not store credit card information on our servers and are not responsible for the policies or practices of the third-party processor.

Shipment and Delivery

Your orders will be shipped by third party carriers. Title to ordered Products passes when we provide the Product for shipment to the third party carrier. We are not responsible for any loss of Products following shipment from our facilities. Our liability to you for breakage or non-delivery of Products by the common carrier to you will be limited by the limits of liability provided by the common carrier’s terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for the full insurable value of Products you have ordered, if we make such option available at the time of purchase.

Shipping does not include any customs duty, taxes or brokerage fees (if applicable) imposed and are the responsibility of the purchaser. If a product is seized, destroyed by customs, rejected or abandoned by the customer, we will not be responsible for the losses or refunds.

Warranty and 30-Day Guarantee

We believe in the effectiveness of the Products and we’re confident you will too. That’s why we provide a 30-day money back guarantee. Here is how it works:

• Try your new Product for up to 30 days.
• If you aren’t feeling results, contact us at team@forctis-strength.com
• If we can’t help with a solution, we’ll authorize a return for the full price of your Product. You just pay the original delivery and return shipping fees. Returns must be received within 14 days of your return approval to remain eligible for a full refund. 

You may also have certain statutory rights to cancel your order under applicable consumer protection laws and we will respect all such applicable laws provided you comply with them in your notification to Forctis. There are no other warranties which extend beyond 30 days from your receipt of the Product.

4. Age Restrictions

If you are under 13 years of age, you are not authorized to use the Services or purchase Products. If you are between 13 and 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian.

5. Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites that will affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control will not serve as a basis to make any claims against Forctis.

6. Modifications to Services

Forctis reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any Product, feature or Content), whether temporarily or permanently at any time for any reason. You agree that Forctis will not be liable to you or to any third party for any modification, suspension, or discontinuation of a Product or Service. Forctis may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

7. Rules for Sweepstakes, Contests, Challenges, Activities, Surveys, and Similar Promotions

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such sweepstakes, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Forctis urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms, govern such activities.

8. Rules and Conduct

You promise not to use the Services for any purpose that is prohibited by these Terms or law. You are responsible for all of your activity in connection with the Site, Products and Services.

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

1.   You will not use the Services for any illegal purpose, or in violation of any applicable law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
2.   You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by these Terms;
3.   You will not use the Services to submit content or use as a user identification or any name or term that: (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, pornographic or obscene.
4.   You will not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
5.   You will not attempt to use any method to gain unauthorized access to any paid features of the Services.
6.   You will not directly or indirectly: (i) decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You will abide by all applicable laws.
7.   You will not, and will not permit any third party using your account to, take any action, or submit content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Forctis or any third party; or that impersonates any person or entity, including any employee or representative of Forctis. Additionally, you will not take any action that imposes or may impose (as determined by Forctis in its sole discretion) an unreasonable or disproportionately large load on Forctis’ or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Site; bypass any measures Forctis may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services); run any form of auto-responder or spam on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

If for any reason, Forctis determines that you have failed to follow these rules, or for any other reason, we reserve the right to prohibit any and all current or future use of the Site (or any portion thereof) or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

9. Termination

Forctis reserves the right to remove your account information along with any account settings with no liability or notice to you. Once your account information and settings are removed, you will not be able to recover this data and you will lose access to all your content (except content stored with third parties, which data may remain with such third parties pursuant to such third parties’ terms and conditions).

You acknowledge understand that these Terms survive termination of your account or the making of any Order, including our rights regarding any content you submitted to the Site before your account was terminated. Following termination of your account, however, your license to use Content automatically terminates, and Forctis has no obligation to provide you with use of the Site. All provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

10. Third-Party Sites

The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion on another website of any link to the Services does not imply control of, endorsement by, or affiliation with Forctis. Your dealings with third parties through links to such third-party websites are solely between you and such third parties. You agree that Forctis will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. Forctis expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or application.

11. Intellectual Property and User Content

Intellectual Property

Through the Site, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”).

Our Content

Our Content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our Content. You have a limited, revocable, non-exclusive, non-transferrable license to use the Site and our content solely for legally permitted activities related to our Services as outlined in these Terms.

Feedback

We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. We will become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site or on our social media pages (collectively, “Feedback”) and it may share with any of its affiliates. We will not be required to treat any Feedback as confidential, and will not be liable for any Feedback. Without limitation, Forctis will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Forctis, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.

To the extent that you decide to post any Feedback on the Services or on Forctis’ social media pages, you agree not to, and will not permit any third party using your account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others’ intellectual property rights or otherwise violates any applicable law. You agree that your Feedback will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Forctis all of the license rights granted herein. Forctis may refuse to accept or transmit Feedback. Additionally, Forctis will have the right in its sole discretion to delete, edit, modify, reformat, excerpt or translate any of your Feedback.

Use of Name and Logo

You grant Forctis a non-exclusive, royalty-free licence to use your name, logo, and trademarks solely for the purpose of identifying you as a customer of Forctis in marketing materials, presentations, and on Forctis’s website. You may withdraw this permission at any time by providing written notice to Forctis, upon which Forctis shall cease further use within a reasonable period.

Claims of Copyright Infringement

Forctis complies with the United States Digital Millennium Copyright Act (DMCA). We will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our Copyright Agent by email at team@forctis-strength.com with subject line “Attn: Copyright Agent”. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site, sufficient for Forctis to locate the material; your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the United States Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the Digital Millennium Copyright Act, we have adopted a policy of, in appropriate circumstances, terminating user accounts that are infringers of the intellectual property rights of others.

Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from Forctis, or have been otherwise advised by Forctis that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.

12. Warranty Disclaimer

YOUR USE OF THE SERVICES, SITE, CONTENT AND PRODUCTS IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE SERVICES, SITE, CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, FORCTIS AND ITS AFFILIATED COMPANIES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “FORCTIS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND PERTAINING TO THE SERVICES, SITE, CONTENT AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES AND CONDITIONS ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. FORCTIS MAKES NO REPRESENTATION, WARRANTY OR COVENANT THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT OR PRODUCTS WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES, SITE, CONTENT, PRODUCTS OR DOCUMENTATION WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORCTIS PARTIES ON OR THROUGH THE SERVICES WILL CREATE ANY REPRESENTATION, WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.

13. Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT WILL ANY FORCTIS PARTIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES, SITE, CONTENT OR PRODUCTS: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER HOWEVER ARISING; (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) WHERE THE CLAIM RELATES TO A PRODUCT, FOR AN AMOUNT GREATER THAN AMOUNT PAID FOR THE PRODUCT; AND (IV) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES, PROVINCES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, THE FORCTIS PARTIES’ COLLECTIVE LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING WILL NOT APPLY TO USERS OR PURCHASERS OF PRODUCTS RESIDENT IN THE PROVINCE OF QUEBEC.

14. Dispute Resolution

It is Forctis’ goal that the Services and Products meet your expectations. However, there may be instances when you feel that we have not fulfilled our obligations or you may have a different type of problem or dispute that needs special attention. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, to the extent permitted by applicable law, for any problem or dispute that you may have with Forctis, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the event giving rise to the issue by sending an email to: team@forctis-strength.com or by mail to 2904-32 Davenport Rd., Toronto, Ontario, Canada, M5R 0B5. You then agree to negotiate with Forctis in good faith about your problem or dispute for at least 60 days.

15. Notice Policy and Your Consent

Notice from you should be addressed to Forctis Rehab and Strength Inc., [2904-32 Davenport Rd., Toronto, Ontario, Canada, M5R 0B5].

We may give notice to you by means of a general notice on the Site, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.

16. Geographic Limits of Service

Forctis reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire. Forctis make no representation that materials contained on the Services, Content or Products described or offered on or via the Site are appropriate or available for use in jurisdictions outside of Canada, or that these Terms comply with the laws of any other country. Accessing the Services, Site and purchase of Products is prohibited from territories where the Services, Content or Product is illegal. If you access the Services or Site from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services or Site from any territory where the contents are illegal, and that you, and not Forctis, are responsible for compliance with applicable local laws.

17. Indemnification

You agree to indemnify, defend, and hold Forctis and the Forctis Parties harmless from and against any and all liability, loss, claim, and expense (including reasonable legal and attorneys’ fees and disbursements) arising out of or in any way connected to your access to, use of, or misuse of the Services, Site, Content and Products.

18. Governing Law

These Terms (and any further rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention on Contracts for the International Sale of Goods.

To the extent permitted by applicable law: (i) you agree that the Services, Site, Content and Products are deemed passive and do not give rise to personal jurisdiction over Forctis, either specific or general, in any jurisdiction other than the Province of Ontario; (ii) you agree that any action arising out of or relating to these Terms, or your use or non-use of the Services, Site and Content, will be filed only in the provincial or federal courts located in the City of Toronto in the Province of Ontario and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action; and (iii) you irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. The foregoing will not apply to Site visitors or purchasers of Products resident in the province of Quebec.

19. Entire Agreement and Severability

These Terms and other referenced material constitute the entire agreement between you and Forctis with respect to the Services, Site, Content and Products, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Forctis with respect to the Services, Site, Content and Products and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, will not be affected, and will be valid, legal and enforceable to the fullest extent permitted by law.

20. Assignment

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. Any assignment in violation of this section will be null and void. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

21. No Waiver

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

22. Contact

If you have any questions regarding these Terms, please contact us at team@forctis-strength.com or by mail to 2904-32 Davenport Rd., Toronto, Ontario, Canada, M5R 0B5.