PLEASE READ THIS AGREEMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES.

This is a legal agreement between you and U-Perform Athletics Ltd., (“we” or “us”) regarding your purchase and use of the ADP ACTION STAR materials (the “Materials”).

1. Permitted Use. When you purchase a copy of the Materials from us, you only receive a non-exclusive, non-transferable, non-sublicensable, limited right (the “Licence”) to use the Materials for your own personal non-commercial use. You do not receive any other rights in the Materials or any intellectual property therein. Those rights are owned by us or by third parties.
2. Restrictions. Except as explicitly permitted by section 1, you must not:
1. copy, reproduce, republish, post, transmit, upload display, perform, distribute, modify, sell, rent, broadcast or otherwise exploit any of the Materials;
2. create a derivative work from or based on any of the Materials; or
3. attempt to do any of the above.

We can revoke the Licence at any time if you breach any of the terms of this Agreement, in which case you will immediately return all of the Materials to us.

3. Orders. We reserve the right at any time after receipt of your order to accept or decline it for any reason.
4. Prices. All prices are in United States dollars. Conversions to other currencies will be calculated using an exchange rate acquired by ClickBank in conjunction with foreign currency partners at the time of the purchase. This exchange rate is updated once per day and ClickBank's determination of exchange rates is final. Sales may be processed in: AUD Australian Dollar CAD Canadian Dollar, CHF Swiss Franc, DKK Danish Krone, EUR Euro, GBP British Pound, HKD Hong Kong Dollar, JPY Japanese Yen, NOK Norwegian Kroner, NZD New Zealand Dollar, SEK Swedish Krona, USD United States Dollar, ZAR South African Rand. To review Clickbank's accounting policy please visit Clickbank - Accounting Policy. You must pay all applicable taxes on your purchases. We will automatically collect applicable federal and provincial sales taxes from you.
5. Payment. You will pay for the Materials through our payment processing entity. You will comply with any terms and conditions imposed upon you by that payment processing entity.
6. Downloads. From time-to-time we may (without notice to you) change the software and technology requirements necessary for you to download the Materials. You will at all times be solely responsible for all bandwidth and other fees charged by your internet service provider in association with downloading the Materials.
7. Refunds. Except as otherwise set out on the ordering webpages of our website when you placed your order for the Materials, all sales are final, and we will not provide any refunds.
8. Privacy Policies. We respect your privacy. You can view our privacy policies here
9. Consent to Collection of Personal Information. You acknowledge that we will collect personal information about you (your “Personal Information”), including your name, contact information, birth date, gender, personal preferences, credit card numbers and other information. You acknowledge that we may use and disclose the Personal Information for the following purposes:
1. to customize the advertising and content that is presented to you on our website,
2. to process and deliver orders you place with us,
3. to process your payment, and
4. to contact you regarding your orders or to provide you with future information about our products and services.

YOU HEREBY CONSENT TO US COLLECTING, USING AND DISCLOSING YOUR Personal Information IN THE MANNER DESCRIBED ABOVE.

10. MEDICAL DISCLAIMER. The Materials do not provide medical advice and do not direct that you undertake any specific exercise or fitness regimen. Performing the exercises described in the Materials could result in injury or death. Please consult a physician before performing any exercises.
11. OTHER DISCLAIMERS. THE Materials ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE EFFECTIVENESS OF THE Materials, THE RESULTS YOU MAY OR MAY NOT ACHIEVE BY FOLLOWING THE Materials, OR THE APPROPRIATENESS OF THE MATERIALS FOR YOU. WE DISCLAIM AND WILL NOT BE BOUND BY ANY WARRANTIES, CONDITIONS OR GUARANTEES (EITHER EXPRESS OR IMPLIED BY LAW OR CUSTOM) WITH RESPECT TO THE Materials, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF TITLE, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY. WE (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES) WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE Materials. IN JURISDICTIONS THAT DO NOT PERMIT EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. MAXIMUM LIABILITY. OUR MAXIMUM LIABILITY TO WITH RESPECT TO THIS AGREEMENT AND THE Materials WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO US UNDER THIS AGREEMENT.
14. Governing Law/Courts. This Agreement will be interpreted according to the laws in force in British Columbia, Canada, and the parties hereby attorn to the exclusive jurisdiction of the courts of British Columbia. YOU AGREE THAT YOU WILL NOT INITIATE OR PARTICIPATE IN ANY LAWSUIT OR OTHER LEGAL ACTION OR PROCEEDING AGAINST US OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR OTHER REPRESENTATIVES IN ANY COURT OTHER THAN THE COURTS OF BRITISH COLUMBIA, CANADA. You agree that we may enforce a final British Columbia judgment in any other jurisdiction by initiating an action or proceeding in that jurisdiction based on the British Columbia judgment or by taking any other steps permitted by law.
15. Notices. You consent to receiving notices from us by email (using the email address you provide to us from time-to-time) or through postings on our website. You agree that all notices provided in this way satisfy any legal requirement that such notices be given in writing. You will send all notices to us via email to info@performanceforsport.com, or to such other addresses or numbers as required by any further notice from us.
16. Changes. The terms and conditions of your future orders with we may vary from the terms and conditions of this Agreement. Please ensure you thoroughly read the terms and conditions in effect at the time you place your order with us.
17. General. No waiver of any breach of any term or condition of this Agreement will be construed to waive any subsequent breach of the same or any term or condition of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. This Agreement forms the complete agreement between the parties and will not be interpreted by reference to any previous document or agreement, either oral or written, unless specific provision is herein made to the contrary. You may not assign or sublicense any of your rights under this Agreement without our written consent, which may be withheld for any reason or without reason. We may assign and sublicense all or any of our rights under this Agreement as we see fit. Headings have been inserted into this Agreement for convenience only and will not be used to interpret this Agreement. You will execute and deliver to us any additional instruments and take any additional steps that may be required to give full effect to the intent expressed in this Agreement. This Agreement will bind and enure to the parties hereto and their respective lawful successors and permitted assigns.
18. Language. The parties hereto have expressly agreed that this document and all ancillary agreements, documents or notices relating thereto be drafted in English. Les parties aux présentes ont expressément convenu que ce document et toute autre convention, document ou avis y afférent soient rédigés en anglais.