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Terms and Conditions of Use (Canada)

Effective Date: latest version posted, September 18th, 2024.

These Terms and Conditions of Use (“Terms”) are a legal contract between you (“you”, “your”) and ASICS Canada Corporation (“ASICS”, "Company", “us”, “we” “our”) and govern your access to and use of the website located at www.asics.com/en/ca_en/ (the "Site") and all the text, data, information, software, graphics, videos, audio, photographs and other materials and programs that we may make available to you through the Site. If at any time you do not accept all of these Terms, you must immediately cease use of the Site or the applicable programs.

PLEASE NOTE AND BE ADVISED TO READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. BY ACCESSING, BROWSING, CREATING AN ACCOUNT, OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS. THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW YOU MAY BRING CLAIMS WITH REGARD TO THE COMPANY. THESE TERMS PROVIDE HOW SUCH CLAIMS MAY BE BROUGHT AND RESOLVED, INCLUDING, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY CLAIMS THAT AROSE OR WERE RAISED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. BY AGREEING TO THESE TERMS AND USING THE SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES AND RAMIFICATIONS CONTAINED HEREIN.

Contents & Summary
1. Ownership This Site is protected by copyrights, patents, trade secrets or other proprietary rights.
2. Your Right to Use the Site and its Contents; Restrictions You may only use the Site for lawful purposes.
3. Legal Capacity You represent that you have the legal capacity to enter into the agreement set out in these Terms.
4. User's Contributions and Feedback We will consider anything you provide to us as free of any obligations to you. You grant us a royalty-free, perpetual, non-exclusive, unrestricted license to your User Contributions. You may not post material that defames others or is otherwise unlawful and harmful
5. Notice under Copyright Act (Canada) and Copyright Modernization Act (Canada) ("CA Notice”) – Copyright Infringement Complaints If you believe any materials on the Site infringe a copyright, you should provide ASICS with written notice to IP.US@asics.com following the CA claim resolution procedures.
6. You Must Provide Accurate Information The information you submit to the Site must be correct. We can refuse access to the Site if we learn that information you have provided is inaccurate.
7. Online Privacy Notice You agree to the terms of our Privacy Policy.
8. Other Programs ASICS provides other programs such as OneASICS membership, email & SMS marketing, customer service, and sweepstakes subject to their applicable terms and conditions.
9. Security of Electronic Transmissions Internet transmissions are never completely private or secure.
10. Security Your usernames and passwords for this Site are for your use only and you are responsible for their security
11. Links to Other Websites We are not responsible for third parties or their content, advertisements, apps or sites.
12. Descriptions and Availability of Products We do not warrant that the product descriptions are complete or error-free or that any product is available at any time.
13. Right to Change These Terms and Conditions or Site Content These Terms and additional terms posted on this Site at each time of use apply to that use, and retroactively to any use or claims that arose or were raised prior to the posting of such Terms, except to the extent prohibited by applicable law. You agree that we may provide notice to you of updated Terms by posting them on the Site.
14. Your Relationship With Us; Disputes Among Users You release us from any claims relating to third-parties.
15. Indemnity & Release You will indemnify and hold the Company harmless for damages we may suffer as a result of your violation of these Terms.
16. Disclaimer of Warranties and Damages; Medical Acknowledgement and Waiver To the fullest extent permitted by applicable law, ASICS disclaims warranties and provides the Site "As Is." You are responsible for your physical activity and will not hold ASICS responsible for any injury or loss related thereto.
17. Limitation of Liability Our liability is limited.
18. Disputes; Binding Arbitration; No Class Relief We are not responsible for third parties or their content, advertisements, apps or sites.
19. Investigations The Company reserves the right to investigate suspected violations of these Terms.
20. General Provisions If any portion of this agreement is deemed unenforceable, the remaining provisions will survive. The laws of the Province of Ontario and the federal laws of Canada applicable therein will apply to these Terms.

1. Ownership

The Site and its entire contents, design, features and functionality, including but not limited to all audio, images, logos, data, software, text, artwork, video clips and other materials (collectively the "Content") are owned by, or licensed to, or otherwise authorized for use by the Company, and protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any unauthorized use of the Content may violate applicable copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

The proprietary logos, service marks, and trademarks (including but not limited to the ASICS logo and Stripe Design) used and displayed on the Site are all owned by, licensed to, or otherwise authorized for use by the Company (collectively the “Marks”). All rights are reserved. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without the prior written consent of the Company. Use of the Marks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. As between you and ASICS, all goodwill generated from the use of the Marks inures to our benefit.

Your Right To Use This Site and its Contents; Restrictions

The Site is only for your personal, non-commercial use. You may not distribute, exchange, modify, sell, transmit or otherwise use any Content you copy from the Site for any business, commercial, or public purpose. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or the Content. You may download one (1) copy only of the Content for your personal, non-commercial use, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed copies of such Content.

As long as you comply with these Terms, the Company grants you a non-exclusive, non-transferable, limited right to access, display, and use the Site solely for your personal, non-commercial use. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

Unauthorized use of the Site may result in violation of various Canadian and international copyright laws. If we determine that you acted in bad faith or in violation of these Terms, or if we determine that your actions fall outside of reasonable community standards, we may, in our sole discretion, terminate your right to use the Site. By way of example, you specifically agree that you shall not:

  • use the Site for any public or commercial purpose, which includes use of the Content on another site or through a networked computer environment;
  • use the Site in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Site;
  • use the Site in a manner that violates any local, provincial, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • use the Site to stalk, harass, or harm another individual;
  • use the Site to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • use the Site in a manner that infringes any copyright, trademark or other intellectual property or privacy rights of any other person;
  • interfere with or disrupt the Site or servers or networks connected to the Site;
  • to harvest or collect email addresses or other contact information of other users of the Site;
  • use any data mining, robots, scraping, or similar data gathering or extraction methods in connection with the Site;
  • use any automated technology to interact with the Site; or
  • attempt to circumvent any content filtering techniques we employ or to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.

This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

This Site is intended for use by individuals 18 years of age or older. If you are under 18 (a “Minor”), you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms with respect to any use by the Minor of this Site and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

4. User's Contributions and Feedback

Certain areas of the Site may permit you to upload or submit video, audio, images, data, text, comments, messages, or other materials (each upload or submission, a "User Contribution"). You agree that you are solely responsible for all of your User Contributions and that all such User Contributions are considered both non-confidential and non-proprietary. We do not guarantee that you will be able to edit or delete any User Contributions you have uploaded or otherwise submitted.

The Company is pleased to have you submit to the Company through the Site your comments, opinions, photos, graphics, audio and videos regarding its products. Any comments, questions, suggestions or other feedback about the Site or the products displayed on the Site (collectively, “Feedback”) you provide to us through any communication whatsoever (e.g., call, letter, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in and to, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree, however, that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. We request that you be specific in your comments.

By submitting a User Contribution or Feedback to the Site, you represent and warrant that (i) your User Contribution or Feedback does and will comply with these Terms, (ii) you own all rights (including, without limitation, all rights to the reproduction and display of your User Contribution or Feedback) or, alternatively, you have acquired all necessary rights in your User Contribution or Feedback to enable you to grant to us the rights in your User Contribution or Feedback as described in these Terms, (iii) the User Contribution or Feedback does not infringe or violate any third party rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights, (iv) you voluntarily waive all "moral rights" that you may have in your User Contribution or Feedback, (v) any information contained in your User Contribution or Feedback is not known by you to be false, inaccurate, or misleading, (vi) you were not and will not be compensated or granted any consideration by any third party for submitting your User Contribution or Feedback, and (vii) you hereby grant the Company a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Contribution and to incorporate the User Contribution into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. We may, but are not obligated to, pre-screen User Contributions or monitor any area of the Site through which User Contributions may be submitted. We are not required to host, display, or distribute any User Contributions on or through the Site and may remove at any time or refuse, disallow or block any User Contributions in whole or in part for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Contributions. Further, you agree that we may freely disclose your User Contributions to any third party absent any obligation of confidence on the part of the recipient. For avoidance of doubt, the Company will be entitled to use the User Contributions for any purpose whatsoever without compensation to you or any other person. In addition, you are fully responsible for any User Contributions you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful.

We require that you do not submit or publish any materials or otherwise make available on this Site any content, or act in any way, which in our opinion:

  1. Libels, defames, invades privacy, stalks or is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  2. Disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any actor appearing in the content;
  3. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  4. Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  5. Violates any law or may be considered to violate any law;
  6. You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary, or confidential information received in the context of an employment or a non-disclosure agreement);
  7. Advocates or promotes illegal activity;
  8. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  9. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
  10. Solicits funds, advertisers or sponsors;
  11. Includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
  12. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
  13. Copies any other pages or images on this Site except with appropriate authority;
  14. Includes MP3 format files;
  15. Amounts to a 'pyramid' or similar scheme;
  16. Amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
  17. Disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
  18. Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above.

Any such unauthorized use(s) of our Site or computer systems is a violation of these Terms may violate applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action that we deem necessary or appropriate to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by the Company anywhere on this Site (e.g., on any web space made available for your use).

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Contributions that, to our knowledge, violate another’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Site in violation of another’s intellectual property rights.

Pursuant to the Copyright Act (Canada) and the Copyright Modernization Act (Canada), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such laws. If you believe any materials on the Site infringe your copyright or other intellectual property right, you should provide the Company with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed from the Site or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All CA notices should be sent to our designated agent as follows:

Email: IP.US@asics.com

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated CA or other infringement notifications.

6. You Must Provide Accurate Information

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current, and complete. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account. Notwithstanding the foregoing, ASICS has no obligation to review your registration information and shall have no liability for any incorrect information or any actions taken in reliance thereon.

7. Online Privacy Notice

Your privacy is important to us. To provide you with transparency regarding our data practices, we provide you with a notice explaining our online information practices and the choices you have regarding your personal information that we collect, use and otherwise process. Click Here to review the ASICS Privacy Policy, Click Here to review the Canadian Local Deviations, and Click Here for the Cookie Policy, all of which form part of these Terms.

8. Other Programs (OneASICS Membership, Email & SMS Marketing, Chat, Sweepstakes, etc.) and Additional Terms

ASICS makes available certain optional programs (e.g., OneASICS) and features (e.g., text and chat with customer service) to customers and users which are subject to these Terms and additional terms and conditions. When you sign up for one of these programs or use one of these features, you are subject to and agree to be bound by these Terms and the terms and conditions applicable to the respective program.

OneASICS

The OneASICS membership program provides certain benefits and exclusive offers that may be announced from time to time and is governed by the OneASICS Terms and Conditions, available Here.

Electronic Messages and Communications

SMS Marketing. ASICS text message marketing programs are subject to the additional program terms including the ASICS Messaging Terms & Conditions available here (the “SMS Terms”). By signing up for our text message marketing program, you agree to the SMS Terms and you consent to receive recurring, automated promotional and personalized marketing text messages (SMS and MMS), such as cart reminders, from ASICS, which may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up. Your consent to receive marketing texts is not a condition of any purchase. You may opt-out of receiving text messages from ASICS at any time by replying with the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to cancel.

Promotional and Marketing Emails. ASICS may send customers marketing and promotional emails, subject to customers’ marketing preferences. You may opt-out of marketing emails at any time, for example by clicking the “Unsubscribe” link in the footer of our email communications or by adjusting your email preferences in your profile settings. Please note that if you opt out of ASICS marketing and promotional emails, we may still send you transactional and other non-marketing emails to you, such as important notices and order confirmations.

Chat and other Electronic Communications. By communicating with ASICS’ customer service (e.g., calls, emails, or chat sessions), you consent that your communications, including the content and routing information (such as your IP address) may be captured, monitored, recorded, reviewed and accessed by ASICS and our third-party vendors and partners in order to respond to you and fulfill your requests, and for training, quality assurance, analytics, improvement and other purposes.

Sweepstakes and Promotions. By entering into or participating in any sweepstakes, you agree to all official rules of the sweepstakes, which are a binding contract, so read them carefully before entering.

ASICS may also provide other programs and make other features available that will be governed by additional terms and conditions.

Your participation in any of these programs or use of any of these features, including those described above, will be governed by these Terms, including disclaimers of warranties and damages, limitations of liability, and the exclusive dispute resolution procedures of Section 18, and any additional applicable terms and conditions of the specific programs. In the event of an inconsistency between these Terms and the applicable terms and conditions of a program these Terms shall govern with regard to the inconsistency.

9. Security Of Electronic Transmissions

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an e-mail message to the Company does not create any reciprocal obligation or responsibility of the Company to you.

10. Security

Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Unless expressly permitted in writing by ASICS, you may not sell, rent, lease, share, or provide access to your account to anyone else. Should you believe your password or security for the Site has been breached in any way, you must immediately notify us. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. The Company shall be entitled to monitor your username and password. If you use a username and password that the Company considers insecure, the Company will be entitled to require it to be changed and/or terminate your account. ASICS will not be liable for any loss or damage arising from your failure to comply with this Section.

12. Descriptions and Availability of Products

The Company attempts to provide accurate descriptions of all ASICS products displayed on the Site. However, we do not warrant that the product descriptions are complete or error-free. The images of the products on the Site are for illustrative purposes only. Although the Company has made every effort to display the colors accurately, the Company cannot guarantee that your computer's display of the colors accurately reflects the color of the products and the products you receive may vary from those images.

The products displayed on the Site are subject to availability and the Company does not provide any guarantee of a product’s availability in your locality or of the availability of all sizes/versions of all products/colors displayed. The reference to such products on the Site does not imply or warrant that these products will be available at any time in your particular location. The Company attempts to provide accurate and up-to-date information through this Site, but we do not warrant that the information is complete or error-free.

13. Right to Change These Terms and Conditions or Site Content

The Company reserves the right to make changes to the Site at any time, without notice. We may also change, update, add or remove provisions of these Terms from time to time. We will inform you of any modifications to these Terms by posting the modified terms of use on the Site. As soon as they are accepted by you, any changes to these Terms or any additional terms posted on the Site shall apply retroactively to any use or claims that arose or were raised prior to the posting of such Terms, except to the extent prohibited by applicable law. By continuing to use the Site after any changes are posted, you are indicating your acceptance of and agreement to those changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

If you object to any such modifications to the Terms or Site, your sole recourse shall be to cease using the Site. Continued use of the Site following any such changes to the Site or notice of modifications of the Terms indicates you acknowledge and agree to be bound by the changes or modifications.

14. Your Relationship With Us; Disputes Among Users

No agency or partnership:

No agency, partnership, joint venture, or employment is created as a result of these Terms or your use of any part of the Site. You do not have any authority whatsoever to bind us in any respect. Neither you nor ASICS may direct or control the day-to-day activities of the other or create or assume any obligation on behalf of the other.

Disputes between users:

Your interactions with any individual and/or entity found on or through the Site are solely between you and such individual or entity. You should take such reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any individuals or entities with whom you may interact as a result of your use of the Site.

You understand that deciding whether to use information found on the Site is your personal decision for which you alone are responsible. You understand that we do not and cannot make any representations or warranties as to the suitability of any individual you may decide to interact with on or through the Site and/or with respect to the accuracy or suitability of any advice, information, or recommendations made by any individual.

IF THERE IS A DISPUTE BETWEEN USERS OF THE SITE, OR BETWEEN ANY USER OF THE SITE AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, DISTRIBUTORS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.

15. Indemnity & Release

To the fullest extent permissible by applicable law, you agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, distributors, subsidiaries, parents, and affiliates (collectively, the “ASICS Parties”) from and against any and all claims, demands, losses, liabilities, costs, or expenses, including, without limitation, attorney's fees which arise directly or indirectly out of or from (i) your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or (ii) from your access to or use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the ASICS Parties from any and all claims or causes of action you may have for damages arising directly or indirectly out of or from (i) your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or (ii) from your access to or use of the Site. This indemnification obligation and release shall survive in the event these Terms are terminated for any reason.

16. Disclaimer of Warranties and Damages; Medical Acknowledgement and Waiver

THE SITE AND CONTENT ARE PROVIDED "AS IS" AND "WITH ALL FAULTS", AND THE ENTIRE RISK AS TO THEIR USE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, AND CONTENT, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE AND/OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICES OBTAINED THROUGH THE USE OF THE SITE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL DECISIONS OR TRANSACTIONS (INCLUDING, WITHOUT LIMITATION, ANY PURCHASES OR OTHER TRANSACTIONS) YOU MAKE IN THE COURSE OF USING THE SITE. YOU ACKNOWLEDGE AND AGREE THAT (A) USE OF THE SITE IS AT YOUR SOLE RISK; AND (B) ASICS AND ITS THIRD-PARTY SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION IN USE OF THE SITE, DELAYS OR ERRORS CAUSED BY ANY USER’S USE OF THE SITE, OR ANY PART THEREOF.

YOU ACKNOWLEDGE THAT YOU PARTICIPATE IN ALL PHYSICAL ACTIVITY AT YOUR OWN RISK AND YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY DAMAGE OR INJURY THAT MAY ARISE OUT OF OR RESULT FROM YOUR PARTICIPATION IN SAID PHYSICAL ACTIVITY. YOU ACKNOWLEDGE THAT PHYSICAL ACTIVITY IS A POTENTIALLY HAZARDOUS ACTIVITY AND INVOLVES THE RISK OF INJURY AND LOSS. YOU AGREE THAT YOU WILL CONSULT WITH A PHYSICIAN PRIOR TO ENGAGING IN SUCH PHYSICAL ACTIVITY. YOU AGREE THAT YOU WILL COMPLY WITH ALL FEDERAL, PROVINCIAL, AND LOCAL LAWS, ORDERS, DIRECTIVES, AND GUIDELINES RELATED TO SUCH PHYSICAL ACTIVITY. YOU AGREE THAT YOU WILLINGLY ASSUME ALL RISKS ASSOCIATED WITH SUCH PARTICIPATION, ALL SUCH RISKS BEING KNOWN AND APPRECIATED BY YOU. IF AT ANY TIME YOU ARE TOLD OR BELIEVE CONDITIONS TO BE UNSAFE OR THAT YOU ARE NO LONGER IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN THE PHYSICAL ACTIVITY, YOU WILL IMMEDIATELY DISCONTINUE FURTHER PARTICIPATION IN THE PHYSICAL ACTIVITY.

NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN PHYSICAL ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM YOUR PARTICIPATION IN THE PHYSICAL ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF ASICS OR OTHERWISE.

17. Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT OUR SOLE OBLIGATION TO YOU IS TO PROVIDE THE SITE “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY'S NEGLIGENCE, SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD$100.00).

IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT ASICS’ LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.

18. Disputes; Binding Arbitration; No Class Relief

To the fullest extent permissible by law, any dispute of any kind between you and the Company including, without limitation, arising under these Terms, your visit to the Company’s websites, mobile applications, or retail stores, or to any purchase, transaction, or other interaction with the Company (including, without limitation, claims relating to the Company’s advertisements, pricing, and disclosures, email, SMS or other messages sent by the Company, or the Company’s collection, processing or retention of your information) (a “Dispute”) shall be resolved through final and binding arbitration pursuant to these exclusive dispute resolution procedures.

Early Dispute Resolution: Whenever a Dispute arises between you and the Company, you and the Company agree to first send a written notice to the other (a “Demand”). You must send the Demand to the Company via certified mail to the Notice Address. The Company must send the Demand to you via certified mail to the most recent address the Company has on file for you (or by email if the Company only has an email address for you on file). A Demand (1) shall state the full basis for the Dispute (including the details about the Dispute sufficient for the recipient to review and respond) and the date that the Dispute arose; (2) shall provide the individual claimant’s full name, phone number, and email address to confirm their identity and to aid communication; and (3) shall be personally signed by the individual claimant or for the Company by its authorized representative (and not only their counsel, if any). Within twenty (20) business days of receipt of a Demand, the recipient may request an individualized video or telephone conference to attempt in good faith to resolve the Dispute which both you and the Company will personally attend (with counsel, if represented). You and the Company agree that you and the Company will not take any legal action, including filing a lawsuit or demanding arbitration, until after the period to request a conference expires or, if a conference is requested, twenty (20) business days after the individualized conference is completed. Compliance with this informal dispute resolution procedure section is mandatory and a condition precedent to initiating any lawsuit or arbitration. This procedure is essential to providing each of us a meaningful opportunity to resolve disputes informally. Any applicable limitations periods and filing fee deadlines will be tolled while the parties engage in the process set forth above. A court of competent jurisdiction may enjoin the filing or prosecution of a lawsuit in court or arbitration if these requirements have not been met.

Arbitration Procedure: If the Dispute stated in the Demand is not resolved to your or the Company’s satisfaction within the time periods set forth above for Early Dispute Resolution and you or the Company intend on taking legal action, you and the Company agree that you or the Company shall file a request to arbitrate under the Arbitration Rules of the ADR Institute of Canada (“ADRIC”) (https://adric.ca/). The arbitration will be conducted by a single arbitrator pursuant to the ADRIC Arbitration Rules (“Rules”) then in effect. You and the Company may agree, and the tribunal may order, to have the arbitration based only on written submissions. The arbitration and all documents exchanged in the proceedings will be kept confidential except as may lawfully be required.

Payment of all fees will be governed by the ADRIC Rules. Either you or the Company may seek attorneys’ fees and costs in arbitration. BY AGREEING TO ARBITRATE A DISPUTE, THE DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. NEITHER YOU NOR THE COMPANY MAY ACT AS A CLASS REPRESENTATIVE, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY DISPUTE OR CLAIM.

Disputes not permitted to be resolved by arbitration shall be exclusively brought before the applicable courts of Ontario. You agree and consent to waive all defenses of lack of jurisdiction and forum non conveniens (i.e., inconvenient forum) with respect to venue and jurisdiction of the applicable courts of Ontario. You consent to exclusive jurisdiction and venue in these courts.

You agree that any and all claims be brought by you within two (2) years after the claim is discovered, except to the extent a longer period is required by applicable law.

This Section of these Terms will survive the termination of the relationship with you and the Company.

19. Investigations

The Company reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send to the Site. The Company may seek to gather information from the user who is suspected of violating these Terms, and from any other user. The Company may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. The Company may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

20. General Provisions

These Terms and any additional terms posted on and applicable to your use of the Site, including, but not limited to the Terms of Sale, which are available here and are incorporated herein by this reference, together constitute the entire agreement between the Company and you with respect to your use of the Site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms. These Terms shall be governed by and construed in accordance with the laws of the Ontario and federal laws of Canada applicable therein, without regard to the choice or conflicts of law provisions. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Our failure to enforce any of these Terms is not a waiver of such term. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

You and ASICS agree that these Terms are the complete and exclusive statement of the mutual understanding between you and ASICS regarding the subject matter herein, and that they supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms.

ASICS strives to provide individuals and customers of all abilities access to our products and services, including through an accessible website (see ASICS’ Accessibility Statement Here).

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