WEBSITE TERMS OF USE
Effective Date: April 9, 2020
1. Medical emergency
Do NOT use this website for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on this website.
2. Acceptance
This website terms of use (“Terms”) applies to your use of the services made publicly available by Angela Warburton, a sole proprietor located in the Province of Ontario, Canada (“we”, “us” “ours” and similar terms) through our website (“Website”), such as information, articles, photos and video clips, free courses and content, and paid group/public courses (“Content”). These Terms do not apply to the one-on-one services or treatment we offer in person or online, which are governed by a separate contract.
By accessing and using the Website, you are accepting the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. We may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
3. Information is not Medical Advice
The information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the advice of your physician or other qualified health provider properly licensed to practise medicine or general healthcare in your jurisdiction with any questions you may have regarding any information obtained from this Website, or any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.
4. No Patient Relationship
Your use of the Website does not create a practitioner-patient relationship between you, Angela Warburton, or any of our associated health practitioners. Any patient relationship is strictly between you and your treating practitioner, and is governed by the terms of your agreement with them, and applicable law.
5. No Endorsements
Unless specifically stated, we do not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.
6. Booking Services & Web Store
The Website may allow you to communicate with us or your practitioner(s) by electronic means in order to book appointments. Communications sent by you to us or your practitioner, or to us or your practitioner by you through this Website may not be secure, and may be accessible by third parties. Any use or disclosure of personal information provided by you will be in accordance with our privacy policy.
You may be able to make purchases of goods or services through an electronic commerce portal integrated in the Website (“Web Store”). The Web Store may have its own terms of use which will apply to all transactions made through it. In the event of a conflict between those terms and these Terms, the terms of the Web Store will apply.
You may be issued one or more usernames (“Username”) and passwords (“Password”) to permit you to access the booking portion of the Website or the Web Store. You are solely responsible for the confidentiality and use of your Username and Password.
7. Disclaimer of Warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While we endeavour to provide information that is correct, accurate, current, and timely, we make no representations, warranties or covenants, express or implied, about the Website and the Content except as expressly stated in this Agreement, including that:
- the services or any part of them booked through the Website will be covered by your public or private health insurance;
- the Content or any items made available for sale through the Website will be of merchantable quality or fit for a particular purpose;
- the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose;
- the operation of the Website will be uninterrupted or error-free;
- defects or errors in the Website or the Content, be it human or computer errors, will be corrected;
- the Website will be free from viruses or harmful components; and
- communications to or from the Website will be secure or not intercepted.
You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
8. Limitation of liability
Our aggregate liability, including that of our officers, directors, employees, agents, licensors, associated practitioners and their respective successors and assigns is limited to direct damages up to a maximum of the amount of fees paid by you to us for the Content in the 12 months before the event from which our liability arose.
We, nor our officers, directors, employees, agents, licensors, associated practitioners, and their respective successors and assigns will not be liable for damages of any kind incurred in connection with your misuse of or reliance upon the Website or the Content, your loss or unauthorized disclosure of your Password or access codes, or your inability to use the Website, regardless of the cause and whether arising in contract, tort, or otherwise.
We disclaim any and all liability for the acts, omissions, and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“Third-Party”). Under no circumstances will we, or our practitioners, officers, directors, employees, agents, licensors and their respective successors and assigns, be liable for any injury, loss, damage, or expense arising in any manner whatsoever from:
- the acts, omissions, or conduct of any Third-Party; and
- any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website,
… regardless of the cause and whether arising in contract, tort, or otherwise. The limitations in this section apply even if we knew of or ought to have known of the possibility of such damages.
9. Indemnity
You agree to indemnify, defend, and hold us harmless as well as our practitioners, officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from
- your breach of any of the terms and conditions of these Terms;
- your access to, use or misuse of, reliance upon, or inability to access or use the Website, the Content, or any website to which the Website is or may be linked to from time to time or;
- your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.
10. Copyright
The Content is protected by copyright law and is owned by us and our licensors, or the party credited as the provider of the Content. Except as granted in the limited licence below, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, in whole or in part, is prohibited without our prior express written consent.
a. Limited licence
Subject to the terms and conditions of this Agreement, you are granted a limited, non-transferable, and non-exclusive licence to access, view, and use the Website and the Content for your personal, non-commercial use. You are granted the right to download, store, or print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in the Content. You may not copy or repost the Content online without our prior written consent. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific Content and these Terms, the terms of the specific licence will govern.
12. Trademarks
Unless otherwise indicated, names, words, titles, phrases, logos, designs, graphics, icons, and other items identified as trademark, and displayed on the Website constitute registered or unregistered trademarks of us or third parties.
While certain trademarks of third parties may be used by us under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between us and the owner of the trademark or to imply that we endorse the wares, services, or business of the owner of the the trademark.
13. Linking
The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by us of any third-party Website or its content. Unless expressly stated, we do not operate any third-party Website linked to the Website and are not responsible for their content. We make no representation, warranty, or covenant of any kind regarding any third-party Website including that any representation, warranty, or covenant regarding:
- the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party Websites;
- the merchantability or fitness for a particular purpose of any third-party Websites or material, content, software, goods, or services located at or made available through such third-party Websites; or
- the operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful components.
While we encourage links to the Website, we do not wish to be linked to or from any third-party Website which contains, posts, or transmits any unlawful or indecent information of any kind, including:
- any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, Provincial, territorial, federal, or international law or regulation which may be damaging or detrimental to our activities, operations, credibility, or integrity; or
- any Website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights.
We reserve the right to prohibit or refuse to accept any link to the Website. You agree to remove any link you may have to the Website upon the request from us.
14. Rules of Conduct
It is a condition of your use of the Website that you do not:
- Restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in our sole discretion, imposes an unreasonable or disproportionately large load on the Website infrastructure;
- Engage in any unlawful, abusive, defamatory, or obscene conduct of any kind, including encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation;
- Violate or infringe upon the rights of others, including invasion of privacy or publicity rights, or any intellectual property rights;
- Transmit any virus or other harmful component;
- Transmit “junk mail,” “chain letters,” unsolicited mass mailing, or “spam”; or
- Use or “mine” the Website for commercial purposes.
15. Registration
To use certain features of the Website, you may be asked to create an account with the Website. When you register with the Website, you agree to:
- provide true, accurate, current, and complete information about yourself as prompted by any registration form; and
- maintain and promptly update the information to ensure it remains true, accurate, current, and complete.
If we have reasonable grounds to suspect that information you provided is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to all or part of the Website. Our use of any personally identifying information you provide as part of the registration process is governed by the terms of our Privacy Policy.
a. Passwords
You are responsible for maintaining the confidentiality of the Password you use in association with your account and are responsible for all activities that occur under your User Name and Password. You agree to notify us immediately of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage related to your failure to protect your Password or account information.
16. Software licence and ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by us, our licensors, or the party accredited with ownership of such Software. You are granted the right to access and use the Software embedded and integrated into the Website, subject to:
- these Terms; and
- any additional conditions which may be imposed on your access and use of such Software.
If the Website provides Software for download, unless otherwise provided, you are granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive licence to
- install and run one copy of the Software in object code format on a non-networked computer for your personal, non-commercial use; and
- to reproduce the Software only as reasonably required to install, run, and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not
- use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;
- sell, rent, lease, license, transfer, or otherwise provide access to the Software;
- alter, remove, or cover any trademarks or proprietary notices included in the Software; or
- decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.
Other than the limited licence granted by these Terms, nothing contained in the Website will be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into the Website or made available for download from the Website, including any intellectual property rights in the Software.
All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty that the Software
- is of merchantable quality or is fit for any particular purpose;
- will conform with any specification(s) relating to the Software;
- will be free from material defects;
- contains no computer viruses or other contaminants; or
- will process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.
17. Modification to Website
We reserve the right any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website, or any part thereof, with or without notice to you. We will have no liability to you or any third party for any such modifications, suspension, or discontinuance.
18. Use Prohibited Where Contrary to Law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision is entirely at your own risk.
19. General Terms
a. Governing Law and Jurisdiction
This Agreement is governed by the laws of the jurisdiction of the Province of Ontario, and the laws of Canada which apply in Ontario.
b. Waiver
Any consent by us to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, is not a consent to, or waiver of any other, different or subsequent breach.
c. Severability
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision or covenant contained herein. Any such invalid provision or covenant will be deemed severable from the rest of this Agreement.
d. Notice
Questions or comments regarding the Website should be directed by email to info@angelawarburton.com .
e. Termination
We may, in our sole discretion, terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement, will survive termination of this Agreement. We will not be liable to any party for such termination.
f. Entire Agreement
These Terms, and the documents incorporated by reference, constitute the entire Agreement between you and us relating to your access and use of the Website.
g. Dispute Resolution
You and Angela Warburton attorn to the exclusive jurisdiction of the courts in Toronto, Ontario to resolve finally any dispute arising from or related to these Terms.