Terms and Conditions

TERMS OF USE

Welcome to the website of Inner Balance Wear Inc. (including any of its subsidiaries or  corporate affiliates, collectively, “Inner Balance Wear Inc..”, "we," "us" or "our"). Any  person using or accessing the website located at www.innerbalancewear.com and any  other website(s) owned and/or operated by Inner Balance Wear Inc. and any of their  associated web pages (collectively, the "Web Site") is referred to as "you".  By using and accessing the website, you represent, warrant, understand and agree:  

1) To accept, comply with, and be bound by these Terms of Use.  

2) That you have the right, authority, and capacity to abide by these Terms of Use.  

3) To comply with all applicable laws, rules and regulations concerning your access to  and use of the Website.  

4) You are over 18 years of age.  

You are responsible for regularly reviewing these Terms of Use. INNER BALANCE  WEAR INC. reserves the right to update, change, modify or otherwise alter these Terms  of Use at any time without notice and are effective immediately upon posting. You  agree that such shall bind you. Any use or access of the Website by you after the  posting of any revisions shall constitute and be deemed your agreement to these terms  of use.  

If you do not want to be bound by these Terms of Use, do not use, or access any part of  the Website.  

These Terms of Use are effective unless terminated by INNER BALANCE WEAR INC. INNER BALANCE WEAR INC. may terminate these Terms of Use, the Web Site, or any  portion thereof, any website or webpage within the Web Site or any products or services  offered through the Web Site or terminate your right to access or use the Web Site or  any portion thereof without notice and at any time for any reason. In the event of such  termination, you are no longer authorized to access the Website, and the restrictions  imposed on you concerning the Content (as defined herein), and the disclaimers,  indemnities, and limitations of liabilities outlined in these Terms of Use, shall each  survive such termination.

USE AND ACCESS

You may use the Website solely for your personal and non-commercial use. You agree  to only access or use the Website solely for legal purposes as allowed by these Terms  of Use. (International users should note that they must agree to comply with all  applicable local laws regarding privacy, online conduct and acceptable use and  content). Amongst other things, you agree not to:

  • Duplicate, modify, copy, distribute, transmit, display, perform, reproduce, publish,  license, create derivative works from, frame, use, transfer or sell any information,  software, products, services, or Content (as defined below) provided through or

obtained from the Web Site, including without limitation, engage in the practice of  "screen scraping," or any other similar activity;

  • Hack into the Website or any of its Websites, or modify another website to falsely  imply that it is associated or affiliated with the Website;
  • Damage, disable, overburden, transmit any worms or viruses or any code of a  destructive nature, or interfere with any other party's use and enjoyment of the  Website;
  • Violate any applicable laws, rules, or regulations in your jurisdiction (including but  not limited to trademark and copyright laws); or
  • Access or attempt to access any password-protected, secure, or non-public  areas of the Website.

For any portion of the Website that requires a username and/or password, you are  responsible for all use of your account (under any username or password) and for  ensuring that all use of your account complies fully with the provisions of these Terms of  Use. You shall be responsible for protecting the confidentiality of your username(s) or  password(s)

TERMS OF SALES

All product sales from the Sites and Apps are governed by any terms that may be  posted on the Sites and Apps. You should refer to our terms of sale to learn more about  applicable product warranties, our return policy, and shipping terms. By ordering and/or  accepting delivery of the products, you agree to be bound by these terms of sale. The  terms of sale are subject to change without prior notice at any time at Inner Balance  Wear Inc.’s sole discretion so you should review the terms of sale each time you make a  purchase. Additional information may be found in our FAQ and online shopping  sections of the Sites.

INTELLECTUAL PROPERTY 

The website and all Content (as defined below), technology, features, and functionality  (including but not limited to all information, software, text, displays, images, video and  audio, and the design, selection and arrangement thereof) that appears as part of or on  the Web Site are the property of INNER BALANCE WEAR INC. and/or a third party  (which may be indicated by a link to or from an external source, or otherwise). Content  is provided through the Web Site "AS IS", and you agree that the use of and reliance on  any Content is at your own risk, and that under no circumstances shall INNER  BALANCE WEAR INC. be liable for any Content or for any loss or damage of any kind  incurred as a result of your use of any Content made available via the Web Site.

The Web Site as a whole and all Content thereon is protected by patents, copyright,  trade dress, and trademark laws of Canada and the United States of America, as well  as international treaties, conventions, and the laws of other countries, as applicable.

You may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display,  download, license, enter into the database, create derivate works from, reverse  engineer, frame, transfer, or sell any Content obtained from, through or on this Web  Site, in whole or in part. Any use of the Content, except as specifically provided in these  Terms of Use, is strictly prohibited.

COPYRIGHT 

The Content, Products, Technology, Sites, Original Song/Lyrics, Photos/Images, Videos,  and Apps, as well as the selection and arrangement thereof, are the sole property of  Inner Balance Wear Inc. and/or its licensors and are protected by patent, copyright,  trademark, and other intellectual property laws and may not be used except under these  Terms of Use or with Inner Balance Wear Inc's express written consent. Other than as  necessary for your use of the Sites and Apps under these Terms of Use, Inner Balance  Wear Inc. grants no other privileges or rights in the Content to you, and you must keep  intact all patent, copyright, trademark, and other proprietary notices on the Content.  Any Content owned by Inner Balance Wear Inc.’s licensors may be subject to additional  restrictions. Except as expressly provided in these Terms of Use, no part of the  Technology, Products, Original Song/Lyrics, Photos/Images, Videos, Apps, Sites and no  Content may be copied, reproduced, republished, uploaded, posted, publicly displayed,  encoded, translated, transmitted or distributed in any way to any other computer, server,  Web site, smartphone, tablet or other medium for publication or distribution or for any  commercial enterprise, without Inner Balance Wear’s express prior written consent.

If you print, copy, or download any part of the Sites in breach of these Terms of Use,  your right to use the Sites will cease immediately and you must, at Inner Balance  Wear’s option, return or destroy any copies of the materials you have made. You may  print one copy and may download extracts of any page(s) from the sites for your non commercial purposes. You must not modify the paper or digital copies of any materials  you have printed or downloaded in any way, and you must not use any illustrations,  photographs, video or audio sequences or any graphics separately from any  accompanying text. Inner Balance Wear Inc.’s status (and that of any identified  contributors) as the authors of material on the Sites must always be acknowledged.

TRADEMARKS & PATENTS 

All trademarks, patents, patent-pending, service marks, trade names, logos, and trade  dress, whether registered or unregistered (collectively the "Marks") that appear on the  Sites, Technology, Product, Original Song/Lyrics, Photos/Images, Videos and Apps are  proprietary to Inner Balance Wear Inc. or such Marks' respective owners. You may not

display or reproduce the Marks other than with the prior written consent of Inner  Balance Wear Inc., and you may not remove or otherwise modify any trademark notices  from any Content. The Marks are protected by patents, trademarks, trade dress,  copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are  trademarks, service marks, trade names and/or trade dress of Inner Balance Wear Inc.  or their respective owners, and may not be copied, imitated, or used, in whole or in part,  without the prior written permission of Inner Balance Wear Inc.

COPYRIGHT AND TRADEMARK INFRINGEMENTS 

Notification:

Inner Balance Wear Inc. respects the intellectual property rights of others, and we ask  you to do the same. Inner Balance Wear Inc. may, in appropriate circumstances and at  our discretion, terminate service and/or access to the Sites, Technology, Products,  Original Song/Lyrics, Photos/Images, Videos and Apps for users who infringe the  intellectual property rights of others. If you believe that your work is the subject of  copyright infringement and/or trademark infringement and appears on our Sites or Apps,  please provide Inner Balance Wear Inc.’s designated agent with the following  information required by the Online Copyright Infringement Liability Limitation Act of the  Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

A physical or electronic signature of a person authorized to act on behalf of the owner of  an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been  infringed, or, if multiple works at a single online site are covered by a single notification,  a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of  infringing activity and that is to be removed or access to which is to be disabled at the  Sites or Apps, and information reasonably sufficient to permit Inner Balance Wear Inc. to  locate the material.

Information reasonably sufficient to permit Inner Balance Wear Inc. to contact you as  the complaining party, such as an address, telephone number, and, if available, an  electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner  complained of is not authorized by the copyright and/or trademark owner, its agent, or  the law.

A statement that the information in the notification is accurate, and under penalty of  perjury, that you are authorized to act on behalf of the owner of an exclusive right that is  allegedly infringed.

Inner Balance Wear's agent for notice of claims of copyright or trademark infringement  on the Sites, Original Song/Lyrics, Photos/Images, Videos and Apps can be reached as  follows:

By email: legal@InnerBalanceWear.com

Please also note that for trademark, patent, patent-pending, copyright infringements  under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially  misrepresents that material or activity is infringing may be subject to liability.

CONTENT

All information, technology, product, text, graphics, images, photographs, logos,  illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files,  trademarks, copyrighted material, trade dress, interfaces, software, specifications,  catalogues, literature, advertisements, titles, names, User Generated Content (as  defined below) and any other materials provided on the Web Site are owned by Inner  Balance Wear Inc. and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, or errors, or may be out of date. Inner Balance  Wear Inc. reserves the right, in its sole discretion, to change, delete, update, modify or  otherwise alter the Content at any time without providing notice. The Content is  provided for informational purposes only and is not binding on Inner Balance Wear Inc.  in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor, or endorse any third-party Content, products or  services and make no representations regarding, and are not liable or responsible for  the accuracy, completeness, timeliness, reliability or availability of any third-party  Content, products, or services. Any third-party Content, products or services posted on,  transmitted through, or linked to from the Website are the sole responsibility of the third party originator of such Content. Links to any third-party Content are provided for your  convenience only. If you choose to access any third-party Content, you do so at your  own risk. You acknowledge and agree that INNER BALANCE WEAR INC. is not  responsible or liable for any loss or damage of any sort incurred as a result of accessing  third-party content, products or services or dealings with a third-party website.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the  Website, which are not controlled by INNER BALANCE WEAR INC., should be directed  to the third party that controls such Content or hyperlink. If you believe we have  provided a hyperlink to a third-party website that contains infringing or illegal Content,  Technology, Products or Services, we ask that you notify us at the address noted below  so that we may evaluate whether, in our sole discretion, to disable it from the Web Site

USER-GENERATED CONTENT 

INNER BALANCE WEAR INC. welcomes comments, feedback, reviews, notes,  suggestions, thoughts, ideas, proposals, pictures, photographs, information, text,  graphics, images, logos, illustrations, descriptions, data, designs, icons, video clips,  audio clips, sounds, files, specifications, catalogues, literature, advertisements, titles,  names and any other materials, but which shall expressly exclude any personally  identifiable information from you on the Web Site, including but not limited to on its blog,  product detail webpages and elsewhere. You agree that any User Generated Content  that you post, upload, input, submit, send, contribute, or otherwise transmit (collectively,

"Submit" or "Submission", as appropriate) to the Web Site (whether directly or through a  third party) shall be true, accurate and complete and you shall not impersonate or  falsely represent your affiliation with any person or entity. You are entirely responsible  for all User user-generated content that you submit or otherwise make available via the  Website.

By Submitting User Generated Content to the Website, you grant, and you represent  and warrant that you have the right to grant, to INNER BALANCE WEAR INC., its  affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid,  worldwide license to use, copy, perform, display, reproduce, publish, distribute,  sublicense, and otherwise disclose, prepare derivative works of, or incorporate into  other works, the User Generated Content, for any purpose without restriction and  without providing any attribution or compensation to you. Such User user-generated  content will not be treated as confidential information. In addition, by posting or allowing  INNER BALANCE WEAR INC. or a third party to post User Generated Content to any  public area of the Website, you grant INNER BALANCE WEAR INC. all rights necessary  to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or  exploitation of the User Generated Content by any party for any purpose.

You agree that you shall not use the Web Site to Submit any User Generated Content  that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is  unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,  obscene, libellous, pornographic, indecent, invasive of another's privacy, hateful,  offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to  Submit under any contractual relationships, (v) is infringing of any patent, trademark,  trade secret, copyright or other proprietary rights of any third party, (vi) contains  software viruses or any other computer code, files or programs designed to interrupt,  destroy or limit the functionality of the Web Site, including but not limited to a  virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates  any applicable local, state, national or international law, or any rules or regulations  having the force of law.

If you do not wish for INNER BALANCE WEAR INC. to use your User Generated  Content, please do not Submit such User Generated Content to the Website. Please  note that any User user-generated content does not represent the advice, views,  opinions or beliefs of INNER BALANCE WEAR INC., and INNER BALANCE WEAR  INC. does not claim the accuracy of any such User Generated Content. You  understand and agree that you are solely responsible for any User Generated Content  that you Submit, and you may be held legally liable for such User Generated Content.

INNER BALANCE WEAR INC. reserves the right to remove any User Generated  Content from the Website at any time and for any reason.

LIMITED LICENSE 

You are hereby granted a non-exclusive, limited, and revocable license to view the  Content on the Web Site, but only while accessing the Web Site. You agree that you are  only authorized to visit, view, and retain a copy of any websites or webpages of the Web 

Site for informational, non-commercial and personal use. Additionally, you understand  and agree that you are strictly prohibited from duplicating, downloading, publishing,  republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the  Content and/or the Web Site for any commercial use (whether for profit or not), or for  any other purpose other than as may be expressly permitted in these Terms of Use.  

You also agree not to deep-link to the Web Site or any website or webpage thereof for  any purpose, unless specifically authorized by INNER BALANCE WEAR INC. Use of  any of INNER BALANCE WEAR INC.’s trademarks and/or copyright material  as metatags on other Web Sites is also strictly prohibited. 

UNAUTHORIZED USE 

You shall not use any automatic or manual conduct, device, process, software, program,  algorithm, methodology or routine, including but not limited to a "robot," "spider" or other  similar process or functionality to interfere (or attempt to interfere) with, damage, disable  or impose an unreasonable burden or load on, the operation of the Web Site, or

transmit any worms or viruses or any code of a destructive nature on or to the Web Site.

You agree that you shall not use the Web Site for any illegal, obscene, abusive,  offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods  or services, to conduct or forward surveys, contests, or chain letters, or for any purpose  that is prohibited by these Terms of Use. Illegal and/or unauthorized uses of the  Website, including, but not limited to, unauthorized framing of or linking to the Website  or unauthorized use of any robot, spider, or other automated device on the Website, will  be investigated and will be subject to appropriate legal action, including, without  limitation, civil, criminal, and injunctive redress.

LINKING 

If INNER BALANCE WEAR INC. authorizes you to deep-link your website or a service  offered by you to the Website, in addition to and notwithstanding anything to the  contrary, you understand and agree that: (1) INNER BALANCE WEAR INC. has no  obligation to continue to provide or make the service or the Web Site available; (2) all  conditions, disclaimers and limitations on use outlined in these Terms of Use remain in  full force and effect; (3) all intellectual property rights relating to INNER BALANCE  WEAR INC. and its technology and Content, including all ownership rights, remain the  exclusive property of INNER BALANCE WEAR INC.; (4) you will be solely responsible  for the data and content that you publish on your website; and (5) INNER BALANCE  WEAR INC. may terminate your access to the Web Site at any time in its sole  discretion.  

INNER BALANCE WEAR INC. reserves the right, but not the obligation, to remove any  linked source if it contains or features any unacceptable content, as determined in  INNER BALANCE WEAR INC.’s sole discretion, and including, but not limited to, (i)  offensive, harmful and/or abusive language, including, without limitation, expletives, 

profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate  speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false  advertising, (iii) personal attacks or describes physical confrontations and/or sexual  harassment, (iv) language that violates the standards of good taste or the standards of  this Web Site, (v) content that is illegal, or a violation of any federal, state, or local law  or regulation, or the rights of any other person or entity, (vi) language that is intended to  impersonate other users or is offensive or uses inappropriate user names, or (vii)  content that is encrypted or that contains viruses, Trojan horses, worms, time bombs,  bots or other computer programming routines that are intended to damage, interfere  with, intercept or appropriate any system, data or the Web Site.

LIMITATION OF LIABILITY 

IN NO EVENT WILL INNER BALANCE WEAR INC. BE LIABLE TO ANY PARTY FOR  ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE  DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES  INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF  REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES  RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT,  EVEN IF INNER BALANCE WEAR INC. IS EXPRESSLY ADVISED ABOUT THE  POSSIBILITY OF SUCH DAMAGES. IN SOME JURISDICTIONS, LIMITATIONS OF  LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING  LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless INNER BALANCE WEAR INC., its  third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers,  directors, and employees from and against any claims, actions, demands, liabilities,  costs and expenses, including, without limitation, reasonable attorney's fees, (a) made  by any third party due to or arising out of any Content Submitted, posted, or otherwise  provided by you to the Web Site, INNER BALANCE WEAR INC. and/or its third-party  licensors, licensees or advertisers, and/or (b) resulting from your breach of any  provision of these Terms of Use, any warranty you provide herein, or otherwise arising  in any way out of your use of the Web Site or purchase of the products or services  therefrom. INNER BALANCE WEAR INC. reserves the right to take exclusive control  and defence of any such claim otherwise subject to indemnification by you, in which  event you will cooperate fully with INNER BALANCE WEAR INC. in asserting any  available defences.

MODIFICATION / TERMINATION OF WEBSITE 

INNER BALANCE WEAR INC. has the right to modify or terminate the Website at any  time without prior notice. In the event of termination of the Website, you will still be bound by your obligations under these Terms of Use and any additional terms, including  the warranties made by you, and by the disclaimers and limitations of liability set forth  herein. INNER BALANCE WEAR INC. shall not be liable to you or any third party for  any termination of your access to the Website or any portion thereof.

GOVERNING LAW 

All litigation, court proceedings, arbitration proceedings, mediation proceedings,  lawsuits, court hearings and other hearings or actions initiated in connection with the  Sites, Original Song/Lyrics, Videos, Apps and/or the Content must and will be held  exclusively in Toronto, Ontario, Canada. These Terms of Use and the relationship  between you and Inner Balance Wear Inc. will be governed by the laws of the Province  of Ontario, Canada, and the federal laws of Canada applicable therein, without giving  effect to principles of conflict of laws of any jurisdiction. The International Sale of Goods  Act of Ontario and the United Nations Convention on Contracts for the International  Sale of Goods will not apply in any way to these Terms of Use or the transactions  contemplated by these Terms of Use.

LANGUAGE 

The official language of these Terms of Use exclusively shall be, and all  communications and agreements between Inner Balance Wear Inc. and you and any  proceedings in connection with these Terms of Use and/or your use of the Sites,  Technology, Products, Original Song/Lyrics, Photos/Images, Videos and Apps,  exclusively shall be made in, the English language. Inner Balance Wear Inc. and you  waive any rights we may have under any other law to have these Terms of Use written  in another language, and any translation of these Terms of Use will be for convenience  only.

NO PARTNERSHIP 

You agree that no joint venture, partnership, employment, or agency relationship exists  between you and Inner Balance Wear Inc. as a result of these Terms of Use, our  Privacy Policy or any use of the Sites and Apps. Inner Balance Wear Inc.’s  performance of these Terms of Use is subject to existing laws and legal processes, and  nothing contained in these Terms of Use or our Privacy Policy is in derogation of Inner  Balance Wear’s right to comply with law enforcement requests or requirements relating  to your use of the Sites, Technology, Products, Original Song/Lyrics, Videos, Photos/ Images, and Apps or information provided to or gathered by Inner Balance Wear Inc. to  such use.

ENTIRE AGREEMENT 

These Terms of Use, Cookie Policy and Privacy Policy constitute the entire agreement  between you and Inner Balance Wear Inc. concerning the Sites, Technology, Products,  Original Song/Lyrics, Photos/Images, Videos and Apps, and they supersede all prior or  contemporaneous communications and proposals, whether electronic, oral, or written, between you and Inner Balance Wear concerning the Sites, Technology, Products,  Original Song/Lyrics, Photos/Lyrics, Videos and Apps.

MISCELLANEOUS

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in  any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality  or unenforceability will not affect the effectiveness or validity of any provision in any  other jurisdiction, and these Terms of Use will be reformed, construed and enforced in  such jurisdiction as if such provision had never been contained herein. Any headings or  titles herein are for convenience only.