By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use ("Terms ") please do not use this site. The NALD, Inc. and divisions of NALD, Inc  (IVACdesign.com, Oxygenfit.ca, H2Opurespa.com and ESBTanDirect.com, ("Sites") reserves the right to change these Terms, and your continued use of this Web site constitutes agreement to all such changes. Please check the Terms periodically for changes.

All right, title and interest in this and the above noted Web sites and any content contained herein is the exclusive property of NALD, Inc., except as otherwise stated. You may print, copy and download any information or portion of this Web site for your personal use only. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent from NALD, Inc. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, products or services obtained from this Web site, except for the purposes expressly provided herein, without NALD, Inc.'s prior written approval. You may not use any meta tags or any other "hidden text" utilizing NALD, Inc.'s name or trademarks without the express written consent of NALD, Inc.. Any unauthorized use terminates the permission or license granted by NALD, Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray NALD, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

NALD, Inc. reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and NALD, Inc. does not undertake any obligation or responsibility to update or amend any such information. NALD, Inc. may discontinue or change any product or service described in or offered on this Web site at any time.

The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. NALD, Inc. does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. NALD, Inc. will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, NALD, Inc. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither NALD, Inc., nor any of its affiliates, directors, officers or employees will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of NALD, Inc. In no event will NALD, Inc. or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if NALD, Inc. or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. NALD, Inc. cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NALD, Inc. or its content suppliers and protected by Canada and International copyright laws. The compilation of all content on this site is the exclusive property of NALD, Inc. and protected by Canada and international copyright laws.

NALD, Oxygenfit, ESBTanDirect.com, H2O PureSpa IVAC Design, the NALD logo, the Oxygenfit, the ESBTanDirect.com logo, the H2O PureSpa logo, IVAC design logo and other trademarks and service marks referenced herein are either registered trademarks and service marks or trademarks and service marks of NALD, Inc. in Canada.

You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of NALD, Inc. or such third party, which may own the marks.

If you copy or download any information from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

RISK OF LOSS

All items purchased from NALD, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

NALD, Inc. and divisions of NALD, Inc. attempt to be as accurate as possible. However, NALD, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by NALD, Inc. itself is not as described, your sole remedy is to return it in unused condition.

Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by NALD, Inc.

NALD, INC. SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THIS PRIVACY POLICY OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITE OR STATEMENTS TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF NALD, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH HEREIN, SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, NALD, INC.' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

IN NO EVENT SHALL NALD, INC. LIABILITY EXCEED $50.00.

NALD, Inc.

1835 Sargent Avenue
Winnipeg, MB R3H 0E2

Terms of Use last modified on December 17, 2008.