Terms of service


OVERVIEW

This website is operated by Janik Comeau doing business as Evolt Athletics (“we”, “us”, or “our”). Throughout the site, these Terms of Service (“Terms” or “Terms of Service”) govern your use of our website and/or the purchase of any product(s) from our online store, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. By visiting our site and or purchasing something from us, engage in our “Service” and you agree to be bound by these Terms.

We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. INTELLECTUAL PROPERTY & TRADEMARK PROTECTION

All branding, designs, text, and graphics are our exclusive intellectual property protected by Canadian laws. Unauthorized reproduction or exploitation is strictly prohibited. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2. GENERAL ONLINE STORE TERMS

  • By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

  • We reserve the right to refuse service to anyone for any reason at any time.

  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

  • Upon order submission, you agree to our guidelines of order fulfillment provided to you in your confirmation email. You also agree to acknowledge that cancellations are not guaranteed at any time once the order payment is submitted. If you choose to cancel your order by submitting a ticket request to our support team, it may take up to 48 hours for our team to reach your email and resolve it. If your order has already been fulfilled for shipment, it cannot be cancelled.

  • Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

3. ACCURACY OF PRICING, STOCK, RIGHT TO CANCEL & ORDER MODIFICATIONS

  • Pricing & Currency: Prices are in Canadian Dollars (CAD) and exclude taxes and shipping. Product descriptions and prices may change without notice.

  • Right to Refuse: We reserve the right to refuse or cancel any order due to stock issues, unavailability, or pricing errors, and will notify you via checkout details.

  • Accuracy: The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify or update the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

  • Modification: We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

4. OPTIONAL TOOLS AND THIRD PARTY LINKS

  • Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

  • Third Party Links: Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

5. PRODUCTS

  • Color Accuracy: We strive for accurate color representation, but screen variations may cause minor differences from the actual product.

  • Wear & Tear: Our products are designed for fitness activities. However, products are subject to damage from improper use, abrasive surfaces, or extreme training conditions that fall outside of normal wear and tear, for which we do not warrant our products will withstand damage therefrom.

  • Limited Supply: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

  • All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

  • Any offer for any product or service made on this site is void where prohibited.

6. SHIPPING, CARRIER DELAYS, AND LOST PACKAGES

  • Timelines & Tracking: We aim to process orders within 1–3 business days. Tracking details are provided upon shipment.

  • Delays & Addresses: Delivery dates provided at checkout are estimates and may be affected by the carrier. We are not liable for carrier delays or force majeure events beyond our control, although we will assist in tracking. Our team will work to find a resolution to any delayed packages beyond 15 business days of the expected delivery date.

  • Lost Packages: If a package is confirmed by the carrier as lost, or has no tracking movement for a prolonged period and is reasonably determined to be lost, we will work with you to provide a replacement or a refund, subject to the circumstances of the shipment.

7. RETURNS AND EXCHANGES

  • Return Policy: Unworn, unwashed items with original tags are eligible for return when a return request is submitted within 14 days of delivery. Once approved, items must be shipped within 7 calendar days of receiving return approval and shipping instructions. Sale items are final sale.

  • Exchanges: Exchanges are not offered. You are required to return the original item and place a new order.

  • In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

  • We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

  • You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

8. LIMITATION OF LIABILITY & INDEMNIFICATION

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Janik Comeau DBA Evolt Athletics, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Janik Comeau DBA Evolt Athletics and our affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

9. GOVERNING LAW AND EXCLUSIVE JURISDICTION

These Terms are governed by the laws of Nova Scotia and Canada, with exclusive legal jurisdiction residing in Nova Scotia courts.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

10. CONTACT INFORMATION

Direct questions regarding the Terms of Service should be sent to evoltathletics@gmail.com

Last Updated: October 13, 2026