Terms of Use

Last updated: November 18, 2021

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SAMANTHA DEAKIN, CARRYING ON BUSINESS AS SAMANTHA DEAKIN PHYSIOTHERAPY. PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ‎REGARDING YOUR ‎LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, ‎VARIOUS LIMITATIONS AND ‎EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO ‎US.‎ IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICES. BY USING OR ACCESSING THE SERVICES, YOU ‎REPRESENT THAT YOU UNDERSTAND, ACCEPT, AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS ‎AND OUR PRIVACY POLICY, WHICH FORMS AN ESSENTIAL PART OF THESE TERMS. ‎YOU MAY NOT USE THE SERVICES FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS.

 

1. ​Your Relationship with Us

Welcome to our website, www.lymph-physio.ca, (the “Website”) which is provided by Samantha Deakin, carrying on business as Samantha Deakin Physiotherapy (the “Company”, “we”, “our” or “us”).

These Terms of Use (the “Terms”), including any documents or additional terms that are referenced in these Terms, govern the relationship, and serve as a legally binding agreement, between you and us and set forth the terms and conditions on which you may access and use the Website and any related software or services we provide through the Website, including the features, content, and functionality thereof (collectively, the “Service” or “Services”). Any reference to the “Services” includes a reference to any part of the Services. For purposes of these Terms, “you” and “your” means you as the user of the Services. Our Services are provided to you only for private, non-commercial use.

2. Age and Acceptance of Terms

Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. By accessing or using our Services, you confirm that: (a) you can form a binding contract with the Company; (b) you accept these Terms, including the Privacy Policy; and (c) you agree to comply with these Terms. If you are under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms, as well as supervise your use of the Services. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Services for such user.

You understand and agree that we will treat your access or use of the Services or any part thereof as acceptance of the Terms and the Privacy Policy. You should print off or save a local copy of the Terms and the Privacy Policy for your records. You acknowledge that our Privacy Policy applies to your use of our Services. Our Privacy Policy can be found directly on the Services, or at www.lymph-physio.ca/privacy-policy, and is incorporated herein by reference.

If you do not agree to these Terms or the Privacy Policy, or are not at least 19 years old or over, you must not access or use the Services.

3. Changes to the Terms and to the Service

We reserve the right in our sole and absolute discretion to revise and update these Terms from time to time. ‎All changes are effective immediately upon posting and apply to your continued access to and use of the ‎Service. We may post reminders and summary information about material changes to these Terms, including ‎where there are substantial amendments that affect your rights and obligations, but it is your responsibility to ‎review them. You agree to periodically review these Terms in order to be aware of any such changes and your ‎continued use shall mean your acceptance of any such changes, whether given notice or not. ‎

For clarity, if any of the terms and conditions of these Terms, or any future modifications thereto, are ‎unacceptable to you, you may: (i) discontinue your use of the Services. Your use of the Services now, or your continued use of the Services following the implementation of updated ‎Terms, will indicate acceptance by you of such Terms or modifications. If you do not agree to the Terms as applicable from time to time, you must stop accessing or using the Services.

The information and material on the Service, and the Service itself, may be changed, withdrawn, or terminated at any time in our sole and absolute discretion and without advance notice to you. You acknowledge that this may impact the use, functionality, or value of the Services. You agree that we will not be liable if, for any reason, all or any part of the Service is changed, withdrawn, terminated, restricted to users, or unavailable at any time or for any period or if such restriction or unavailability impacts the use, functionality or value of the Services.

4. Communication

 

We have provided ways for you to contact us about various issues on our website at www.lymph-physio.ca.  You acknowledge and understand that these are the only authorized ways ‎to contact us. Third parties may advertise or publish alternative ways to contact us or use other measures to ‎pose as the Company. We cannot verify the authenticity of any such alternative contacts, and they pose a risk of ‎fraud and other malfeasance, so we strongly recommend you do not attempt to contact us using these ‎methods. You agree that we cannot be held liable for unauthorized access to your Account or other loss ‎resulting from such fraud or other malfeasance by third parties.‎

 

You also understand that we maintain a website at www.lymph-physio.ca. Third parties may advertise or ‎publish information about or posing as the Company or our Services. We cannot verify the ‎authenticity of any such advertisements, publications, or other information and they pose a risk of fraud or ‎other malfeasance, so we strongly recommend a degree of caution when reviewing such advertisements, ‎publications, or other information. You agree that we cannot be held liable for unauthorized access to your ‎account or other loss resulting from such fraud or other malfeasance by third parties. 

5. Intellectual Property Rights; Limited Licence

a) Intellectual Property Rights: As between you and ‎the Company, the Company owns any and all rights, title, and interest in and to the Services and any and all data and content made available in and through the Services, including all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, images, pictures, audio, sound effects, sound recordings, features, functionality, design, presentation videos, visual effects, accounts, selection and arrangement thereof and “look and feel” of the Services, and all intellectual property rights related to the foregoing and the Services (the “Company Content”). Put simply, the Services and the Company Content (including all components thereof) are the property of the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret, and any other proprietary rights. 

 

b) Trademarks: The names and logos of the Company and of the Service and all related names, logos, product and service names, designs, images and slogans (collectively, “Marks”) are trademarks of the Company, or our respective affiliates or licensors. You must not use such Marks without our prior written permission. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on the Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

c) Limited Licence: You acknowledge and agree that you have no ownership rights in the Services or the Company Content. Subject to your compliance with all of these Terms, we grant you a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited licence to access and use the Services and to access the Company Content solely for your personal, non-commercial use. We reserve all rights not expressly granted herein in or to the Services and Company Content. 

You acknowledge that your use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited. Without limiting the restrictions elsewhere in these Terms: (a) neither Company Content nor the design or layout of the Services, nor any part or component of any of the foregoing, may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent; and (b) you cannot create any work of authorship or proprietary right based on the Services (including Company Content).

6. Third Party Website or Services

Where our Services may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them, and we are not responsible for any consequences, losses, or damages that may arise from your access or use of such sites or resources. For clarity, if you choose to access any such sites or resources, you do so at your own risk.

We have the right, without notice, to insert advertising data into the Services, so long as this does ‎not ‎involve our transmission of any of your personal information in contravention of the Privacy Policy.  ‎If you ‎elect to have any business dealings with any party whose products or services may be ‎advertised on the ‎Services, you acknowledge and agree that such dealings are solely between you and ‎such advertiser and we will ‎not be a party to, or have any responsibility or liability related thereto.  You ‎acknowledge and agree that no ‎such advertising may be construed as an endorsement by us of any ‎such products or services advertised.  ‎

 

7. Feedback

While we are continually working to develop and evaluate our own product ideas and features, we also pay attention to the interests, feedback, comments, and suggestions we receive from our user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, in order to avoid any misunderstandings the following terms will apply to the Feedback. Accordingly, by sending Feedback to us, you agree that:

a) the Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

 

b) Feedback is provided on a non-confidential and non-proprietary basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; ‎

 

c) you grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sub-licensable (including via multiple tiers of sublicensing), transferable licence to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified; 

 

d) you have been deemed to have warranted to us that you have or own all the necessary legal rights to upload, post, or submit such Feedback and grant us (and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns) the licence to the Feedback, and that the Feedback does not and will not violate any law or the intellectual property, privacy, publicity, or other rights of any person;

 

e) you understand and agree that you are fully responsible for any Feedback you submit or contribute, ‎and you are fully responsible and legally liable, including to any third party, for such content, its accuracy, and ‎your rights to use it; and

 

f) you waive any moral rights or other rights of authorship in and to any Feedback in favour of the Company, including any rights you may have in the altered or changed Feedback even if it is no longer ‎agreeable to you.

 

8. Acceptable Use

As a condition of your access to and use of the Services, you agree that you will use the Services only for lawful purposes in accordance with these Terms and all applicable laws and regulations. The following content standards apply both to any access or use by you of the Services, as well as to any and all User Content. Any and all User Content must comply with all applicable federal, provincial, local, foreign and international laws and regulations, including applicable privacy laws, as well as these Terms. Without limiting the foregoing, you agree that you will not in any manner, directly or indirectly, do or permit any of the following:

a) access or use the Services if you are not fully able and legally competent to agree to these Terms;

 

b) violate, or promote the violation of, any applicable federal, provincial, local, foreign, or international law or regulation, ‎including any laws regarding the export of data or software, patent, trademark, trade secret, ‎copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of ‎others);

 

c) violate the terms of use of any third-party website or service that is linked to the Services, including any third-party social media websites or payment processors‎;

 

d) except as expressly permitted by these Terms or applicable law, directly or indirectly make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, publicly display, republish, download, store, transmit, broadcast, or create any derivative works of, sell, transfer or otherwise exploit the Services or any content, code, data or materials included therein or available on or through the Services, including any software ‎(except that your computer and browser may temporarily store or cache copies of materials being accessed ‎and viewed)‎, or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof;

 

e) distribute, transmit, license, transfer, sell, exploit or otherwise use for any commercial purpose, in whole or in part, any of the Services, the Company Content or any derivative works thereof;

 

f) publicly display or publish the Company Content (for any commercial or non-commercial purpose);

 

g) alter, edit, delete, remove otherwise change the meaning or appearance of, or repurpose, any of the content, code, data or other materials on or available through the Service, including, without limitation, the alteration or removal of any copyright, trademark, or other ‎proprietary rights notices

 

h) engage in spidering, “screen scraping”, “database scraping”, harvesting of email or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Services, including without limitation, any information residing on any server or database connected to the Services‎;

 

i) market, rent, or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;

 

j) use the Services or any part thereof, without our express written consent, for any commercial, political, or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

 

k) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;

 

l) interfere with or attempt to interfere with the proper working of the Services, disrupt our website (if any), or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

 

m) incorporate the Services or any portion thereof into any other program or product;

 

n) use automated scripts, software, code, or systems to collect information from or otherwise interact with the Services;

 

o) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from the Services;

 

p) encourage any conduct that restricts or inhibits anyone's use or enjoyment of the ‎Services, or which, as determined by us, may harm us or users of the Services or expose us or them ‎to liability;

 

q) provide, contribute or submit any false, inaccurate, or misleading information‎;

 

r) impersonate or attempt to impersonate us, one of our employees, another ‎user, or any other person or entity (including by using email addresses, or screen names ‎associated with any of the foregoing);‎

 

s) engage in any activity that involves stalking, attempting to exploit or harm to any individual (including minors) in any way by ‎exposing them to inappropriate content or otherwise or ask for personal information as prohibited ‎under applicable laws, regulations, or code‎;

 

t) promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or other such legally prohibited ground;

 

u) use or attempt to use another user’s Account, service, or system without authorization from the Company;

 

v) use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;

 

w) use or exploit any bots, hacks, bugs, errors, or design flaws to obtain unauthorized access to the Services.

 

x) use the Services to upload, transmit, distribute, store, or otherwise make available in any way: 

 

i) files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful; 

 

ii) any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; 

 

iii) unless otherwise permitted by applicable laws and with the consent of such third party, any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., social security numbers, passport numbers, etc.), or credit card numbers; 

 

iv) any material which does or may infringe any copyright, trademark, or other intellectual property or privacy rights of any other person; 

 

v) any material which is exploitative, defamatory of any person, obscene, violent, sexually explicit, offensive, pornographic, hateful, harassing, threatening, abusive, harmful, inflammatory or discriminatory based on race, sex, gender, religion, nationality, disability, sexual orientation, age or other such legally prohibited ground, or be otherwise objectionable, such determination to be made in our sole and absolute discretion; 

 

vi) any material that would constitute, encourage, or provide instructions for a criminal offence, dangerous activities, or self-harm; 

 

vii) any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, intimidate, hurt, scare, distress, embarrass, or upset people;

 

viii) any answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide; 

 

ix) any material that could give rise to any civil or criminal liability under applicable ‎laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy; or

 

x) material that restricts or inhibits any other person from using the Services, or which may expose the Company, the Services, or its users to any harm or liability of any type.

We reserve the right, at any time and without prior notice, to remove or disable your access to the Services, including the Company Content, at our discretion for any reason or no reason. Some of the reasons for which we may remove or disable your access to the Services may include finding that you have violated these Terms, or that your actions are harmful to the Services or our users. You agree and understand that your continued use of the Services is at our sole and absolute discretion and ‎that you will not seek to hold us liable for any suspension, restriction, or termination of our use of the Services.‎

 

While we will take steps to monitor content and Feedback in the Services, we make no representations ‎or guarantees that we will be able to review all material that you or other users submit to the Services or to do ‎so in a timely manner. We cannot ensure prompt removal of objectionable material after it has been posted ‎and we have no liability for any action or inaction regarding transmissions, communications, or content ‎provided by any user or third party, subject to applicable laws.‎

9. Updates, Interruption, and Termination

a) Updates: From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Services for free or for a fee. You understand that your access to certain features of the Services might be affected by such updates. You also understand that such updates may affect the necessary system specification required to use the Services. In such a case, you are responsible for any necessary equipment to continue to access the Services.

 

b) Interruption: You acknowledge that the Services or any part thereof may be interrupted for maintenance or reasons beyond our control, and we cannot guarantee that the Services will be uninterrupted. We will not be liable for any interruption of the Services, delay, or failure to perform resulting from any causes whatsoever. Additionally, the Services may be unavailable depending on geographic location. To the maximum extent permitted by applicable law, we reserve the right to discontinue the Services at any time in our sole discretion, for any reason, or for no reason, with or without notice.

 

c) Suspension or Termination: To the extent allowable by applicable law, we reserve the right to suspend or terminate your access to the Services at any time for any reason, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might (i) cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or (ii) violate any applicable laws or regulations. Termination or suspension of your account also entails the termination or suspension of your licence to use the Services, or any part thereof. If we suspend or terminate your account, we will notify you by email.

10. Medical Disclaimer

Our Services are designed to enable you to receive information about the Company’s lymphedema therapy and cancer rehabilitation physiotherapy services to be provided by a registered physiotherapist and certified lymphedema therapist, however, we do not provide medical care services via the Website.  While the Website may provide access to certain general medical information, the Services cannot and are not intended to provide medical advice or replace conventional medical or healthcare practices. We advise and encourage you to always seek the advice of a physician with any questions regarding your personal health or medical conditions. We also encourage you to consult with your physician prior to using the Website to book any services or if you have any questions or concerns regarding any potential health care side effects from the services. Never disregard, avoid or delay in obtaining medical advice from your physician because of something you have read in connection with the Services. If you have or suspect that you have a medical problem or condition, please contact a physician immediately.

11. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (I) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE; AND (II) WE EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, INCLUDING ALL CONDITIONS, WARRANTIES, OR OTHER TERMS, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMANCE WITH DESCRIPTION), EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. 

 

IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

 

a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; 

 

c) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

 

d) ANY CONTENT OR INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE; OR

 

e) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES CAN OR WILL BE CORRECTED.

WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SERVICES BEFORE RELYING ON IT. YOU FREELY ACCEPT AND VOLUNTARILY AGREE TO ASSUME ALL ‎RISKS, INCLUDING OF PERSONAL INJURY, DEATH, AND ‎PROPERTY DAMAGE OR LOSS, CONNECTED WITH YOUR USE ‎OF THE SERVICES HOWSOEVER ARISING

YOUR USE OF THE SERVICES MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES, AND ‎EQUIPMENT THAT IS NOT IN OUR CONTROL. ACCORDINGLY: (I) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING ‎SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE, OR CONSISTENCY; AND (II) YOU ACKNOWLEDGE AND AGREE THAT DATA, MESSAGES, ‎INFORMATION, OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS ‎NOT GUARANTEED.‎

 

12. LIMITATION OF LIABILITY

 

IN NO EVENT WILL WE, OUR AFFILIATES AND OUR AND THEIR ‎RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, ‎EMPLOYEES, ADVISORS, AGENTS, ADVERTISERS, SUPPLIERS, CONTENT OR SERVICE PROVIDERS ‎AND LICENSORS (THE "COMPANY PARTIES") BE LIABLE (JOINTLY OR ‎SEVERALLY) TO YOU OR ANY OTHER PERSON FOR (I) ANY DIRECT, INDIRECT, ‎CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR ‎EXEMPLARY DAMAGES WHATSOEVER, OR (II) LOSS OF USE, LOST DATA, LOST ‎PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL OR BUSINESS REPUTATION, LOST BUSINESS, BUSINESS INTERRUPTION OR LOST OPPORTUNITY (IN EACH CASE, WHETHER INCURRED DIRECTLY OR INDIRECTLY), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES ‎‎(COLLECTIVELY, THE "EXCLUDED DAMAGES"). THE FOREGOING LIMITATIONS ‎APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN TORT ‎‎(INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHER THEORY OF ‎LIABILITY, EVEN IF ANY OF THE COMPANY PARTIES HAVE BEEN ‎ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY ‎OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY ‎FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, AND YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE COMPANY PARTIES FROM  AND AGAINST ALL OF THE EXCLUDED DAMAGES. IF ‎ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS ‎SECTION TO BE UNENFORCEABLE, THEN THE COMPANY PARTIES' ‎LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT ‎PERMITTED BY APPLICABLE LAW.‎

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE EXCLUDED DAMAGES INCLUDE ANY LOSSES OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

 

a) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

b) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

d) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR

e) YOUR FAILURE TO KEEP YOUR CREDENTIALS OR OTHER ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

 

YOU ARE RESPONSIBLE FOR ANY INTERNET OR MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY HOMEOWNER, CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES’ BE LIABLE TO YOU FOR DIRECT DAMAGES FROM USE OF THE SERVICES. BECAUSE THE WEBSITE IS FREELY AVAILABLE PURSUANT TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.‎

13. Other Terms

  • Applicable Law and Jurisdiction.

a) These Terms, their subject matter and their formation, are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to any choice or conflict of law provisions or rules.

b)Any and all disputes arising under these Terms, whether as to interpretation, performance or otherwise, shall be subject to the exclusive jurisdiction of the courts of the judicial districts of Vancouver and Westminster, Province of British Columbia and each of the parties hereto hereby irrevocably attorns to such jurisdiction.

 

  • Entire Agreement. These Terms (including our Privacy Policy) constitute the whole legal agreement between you and the Company and govern your use of the Services and completely replace any prior agreements between you and the Company in relation to the Services.

  • Interpretation. In these Terms, (a) the captions and headings are for convenience only and do not ‎constitute substantive ‎matter and are not to be construed as interpreting the contents of these ‎ Terms, (b) the word “including”, the ‎word “includes” the phrase “such as”, and similar words and phrases, when following a ‎general statement or ‎term (whether or not non-limiting language such as “without limitation” or “but ‎not limited to” or other words ‎of similar import are used with reference thereto), is not to be ‎construed as limiting, and the word “or” ‎between two or more listed matters does not imply an ‎exclusive relationship between the matters being ‎connected, and (c) all references to Services will also ‎include any successor or replacement applications, ‎websites, content, or services containing substantially similar information as the ‎referenced Service(s).‎

  • Assignment. We may at any time assign our rights and obligations under these Terms, in whole or in part, without ‎notice to ‎you. You may not assign these Terms without our prior, written consent. These Terms will ‎inure to the benefit ‎of and bind you and us and our respective personal and legal representatives, ‎successors and permitted ‎assigns.‎

  • No Waiver. Our failure to insist upon or enforce any provision of these Terms will not be construed as a waiver of any provision or right.

  • Security. The transmission of information via the internet is inherently not completely secure and we do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology and computer programs to access our Services. You should use your own virus protection software.

  • Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

  • Social Networks. If at any time the Services include features that operate in conjunction with certain third party ‎social networking websites that you visit (“Social Network Features”), your use of the Social Network Features is ‎governed by these Terms, but your access and use of third party social networking websites and the Services provided through these websites is governed by the Terms and Conditions and other ‎agreements posted on these websites. You agree that you alone are responsible for your use of ‎the social network features and that we will not be liable to you or anyone else for your ‎violation or breach of any terms of use or other agreement that may result from your use of the ‎Social Network Features.‎

  • Force Majeure. We will not be liable for delays, failures in performance, or interruptions of the Services that result directly or ‎indirectly from any cause or condition beyond our reasonable control, including significant ‎market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, ‎civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet ‎services or network provider services, failure of equipment and/or software, pandemic, outbreak of illness or disease, declaration of public health emergency, other catastrophe or any other ‎occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any ‎remaining provisions.‎