0

Terms & Conditions

Welcome to www.fireandiceathletics.com (our “Website”).  This Website is owned and operated by F+I Athletics Inc. and FIAR Holdings Inc. (“F+I”). Please carefully read the terms and conditions listed below (collectively the “T&C’s”) before using the Website.  By using the Website, you agree to the T&C’s.  Further, by using the Website, you represent and warrant that you possess the legal right, capacity and ability to agree to the T&C’s and will use the Website in accordance with them. If you are not willing to be bound by the T&C’s, you are not authorized to use this Website and we ask you to kindly cease using it.

Using the Website

In order to use this Website, you must be eighteen (18) years of age or older. If you wish to purchase any products offered by the Website, you must be of the legal age required by the jurisdiction you are in to purchase such products.  You must reside in a jurisdiction where the sale and purchase of the products offered by this Website is legal.  It is your responsibility to ensure that you meet these requirements. If you are under eighteen (18) years of age, please leave this Website as you are not permitted to use this Website. By using the Website, you agree not to transmit or distribute any content that violates the right of any third-party or that is unlawful, false, threatening, harassing, racist, vulgar or obscene.  Any communication you transmit to the Website, such as questions, reviews and comments, will be treated as non-confidential and non-proprietary.  This applies irrespective of whether you have labelled such communication to the contrary.  In the event you choose to share information and/or content on the Website and/or any social media accounts associated with F+I, you hereby agree and grant us permission to use such media for promotional purposes. You acknowledge that posting your media with your personal information does not violate or infringe on the rights of any third party. Any content generated by users of the Website does not represent the views of F+I or any individual associated with F+I.  F+I does not control user generated content. F+I reserves the right (but has no obligation) to review the content generated by users and to take any action it deems appropriate at its sole discretion with respect to such content.  Action may include removing or modifying the user content, terminating the account of the user and/or reporting the user to law enforcement authorities.

Trademarks and Copyright

Please assume that everything on this Website is protected by copyright unless otherwise stated; it may only be used in accordance with these T&C’s.  The content of the Website is either the property of, or used with permission by, F+I.  You may not copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this Website including the text, images, audio and video for public or commercial purposes, without written permission from F+I. Nothing contained in the Website grants a license or right to use any trademark displayed in the Website.  

Product Information 

The Website may contain information and testimonials related to the performance of the products available on the Website.  Such information, as well as the products sold on the Website, have not been evaluated nor endorsed by the Food and Drug Administration.   Please be aware that F+I is not familiar with your individual circumstances and your health situation.  Please do not rely on any information contained in the Website without speaking about such information with your doctor and healthcare provider to confirm what is best for you.  It is necessary that you seek independent information tailored to your specific circumstance and individual characteristics.

Warranties

You hereby acknowledge and agree that all use of the Website is at your own risk. F+I uses reasonable efforts to provide accurate information on this Website. However, F+I makes no warranties or representations as to the accuracy of such information and assumes no liability or responsibility for any errors or omissions in the contents of this Website. This Website is provided “AS IS” without a warranty of any kind, expressed or implied.  

Disclaimer of Liability

We appreciate you visiting this Website and invite you to browse.  As already stated in the immediately forgoing section, please note however that you do so at your own risk.  Notwithstanding any other provision of these T&C’s or the Website, neither F+I, nor any party involved in the creation of this Website, is liable for any direct, indirect or punitive damages arising from your use of the Website.   F+I does not assume any responsibility or liability for any damages to your hardware, software, data or other property on account of your access and use of the Website or your downloading of any material therefrom.

User Account

In order to access certain features of the Website, you may need register for an account.  You are responsible for the security and confidentiality of your password and account and for all activities that occur under your account. You agree to immediately notify F+I of any unauthorized use of your account or any other breach of security of which you become aware. You represent and warrant that all information provided to F+I in order to create the account is truthful and accurate and you hereby commit to keeping the information associated with your account accurate and up-to-date.  You may terminate your account at any time.  F+I reserves the right to terminate your account, without cause, at any time. F+I will not be liable for damages resulting from failure to comply with this section.

Indemnity

You agree to indemnify and hold F+I (and its officers, employees, and agents) harmless from any claim or demand made by any third party due to or arising out of (a) your use of the Website, (b) your violation of these T&C’s, (c) your violation of applicable laws or regulations or (d) any content you post on the Website or F+I associated social media accounts. F+I reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify F+I; you agree to cooperate with the F+I defense of such claims. You agree not to settle any matter without the prior written consent of F+I. F+I will use reasonable efforts to notify you of any such claim or demand upon becoming aware of it.  

Privacy Policy

We encourage you to find out more about how we keep your information safe by visiting the F+I privacy policy.

Advertising

F+I has the right, without notice, to insert advertising data into the Website, so long as this does not involve our transmission of any of your personal information in contravention of the F+I privacy policy.

Public Transmission and Caching

You acknowledge and agree that your use of the Website may involve transmission and storage of your content and personal information to select service providers, including cloud service providers, which may be located outside of the United States, and therefore may be subject to the laws and lawful disclosure requirements of the jurisdictions(s) where such content and information is stored. You further acknowledge and agree that your content and information may be subject to “caching” or other technical processing or transmission policies and procedures.

External Links

This Website may contain links to web sites that are not owned, operated or controlled by F+I. We have not reviewed all such sites.  All such links are provided solely as a convenience to you and F+I makes no representation as to their content.  By using such external links, you are leaving this Website.  We ask you to please be careful with external websites as we do not control the content and make no representations or warranties with respect thereto. External websites may send their own cookies to users, collect data or solicit personal information.  Please ensure that you review the terms and conditions of these external websites before using them.

Purchases and Shipping Information 

When you purchase product from this Website, it will be shipped to the address designated by you so long as such address is compliant with the shipping restrictions governing the product.  Title and risk of loss for the product passes to you upon F+I delivering the product to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. All orders for products are subject to availability and no products are reserved until the order has been successfully processed by F+I.  Once your order has been processed, you are no longer able to modify or cancel the order.  In the event that F+I is unable to ship an item, you will be notified by email and any amount charged to your credit card will be refunded. In an effort to protect you and F+I from potentially fraudulent transactions, F+I may provide your information to a third party organization to perform an address verification. This is done to ensure that your “bill to” address matches address of your credit card. 

Force Majeure

Neither you nor F+I shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, pandemic, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Enforceability

Your use of the Website, as well as content accessed through this Website, constitute your electronic signature to the agreement set out in these T&C’s and your consent to enter into agreements with us electronically. This agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in these T&C’s is written and accepted electronically. All contracts between you and F+I completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.

Waiver of Rights and Remedies

F+I’s failure to enforce any provision of these T&C’s may not be construed as a waiver of any provision or right. Neither the course of conduct between you and F+I, nor trade practice, will act to modify any provision of these T&C’s. Our rights, powers and remedies in these T&C’s, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available at law or in equity.

Severability. 

If any provision of these T&C’s is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will apply only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Limitation Period. 

Any cause of action you may have with respect to these T&C’s or the Website must be commenced within one year after the claim or cause of action arose, or it will be barred.

Assignment and Inurement. 

F+I may at any time assign its rights and obligations under these T&C’s, in whole or in part, without notice to you. You may not assign these T&C’s without F+I’s prior, written consent. These T&C’s will inure to the benefit of and bind you and F+I and its respective personal and legal representatives, successors and permitted assigns.

Relationship. 

You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between F+I and you as a result of these T&C’s or your use of the Website. .

Applicable Laws

The use of this Website is governed by the laws of the state of Nevada and the courts in Nevada shall have exclusive jurisdiction over all legal matters arising under these T&C’s.

Amendments

Please note that F+I reserves the right to alter or amend the T&C’s at any time and without notice, subject to applicable laws.  F+I will publish the most recent and current version of the T&C’s on the Website.  You are responsible for regularly reviewing the Website to understand the then current T&C’s.  Your continued use of the Website after the effective date of each amendment will mean that you have accepted the amended T&C’s.

fire-and-ice-athletics
Cart Overview