www.themamasphysio.com is maintained and updated frequently. www.themamasphysio.com cannot be held responsible for, and you waive any claim against www.themamasphysio.com in respect of errors and omissions.
www.themamasphysio.com is hosted and/or operated in Canada.
TERMS & CONDITIONS
For good and valuable consideration, the receipt and sufficiency of which is acknowledged, www.themamasphysio.com and you, the Client (referred to herein as “you” or the “Client”) agree as follows:
This Agreement (the “Agreement”) sets forth the terms for your use of the Services. You are only authorized to use the Services upon the express condition that your use of the Services is in accordance with all applicable laws and the terms of this Agreement. Please read this Agreement carefully. Your use of the Services or any part thereof constitutes your (as well as your parent or legal guardian, if you are under the Legal Age) acceptance of this Agreement. If you do not agree to be bound by this Agreement, you are not authorized to access www.themamasphysio.com or to use the Services.
www.themamasphysio.com may modify this Agreement from time to time and such modification shall be effective immediately upon posting such modifications on the www.themamasphysio.com. Your continued use of the Services after www.themamasphysio.com has posted a revised Agreement constitutes your acceptance of the revised Agreement. The term “Agreement” when used herein shall be deemed to include all amendments to this Agreement, as and when they are incorporated into this Agreement, regardless of whether you have accessed the most recent version of this Agreement. Accordingly, you should access this Agreement each time you use any of the Services.
Representations & Warranties
You represent and warrant that:
- You are of legal age to form a binding agreement (“Legal Age”). If you are not of Legal Age, you are not authorized to use the Services unless:
(a) you have received the permission of your parent or legal guardian and (b) your parent or legal guardian, by granting such permission agrees to be bound by this Agreement and in such a case, the term “you” and “Client” shall be deemed to included your parent or legal guardian.
- You will provide true, accurate, current and complete information about yourself (“Client Information”) as prompted and you will maintain and promptly update your Client Information to keep it true, accurate, current and complete.
www.themamasphysio.com has the right to refuse, suspend or terminate your current or future use of the Services (or any portion thereof), without warning, if:
- we believe that you are under the Legal Age and you represent yourself as being of or over the Legal Age;
- you provide, or www.themamasphysio.com suspects that you have provided, any information that is untrue, inaccurate, not current or incomplete.
This Agreement shall be effective from the moment you access the www.themamasphysio.com and/or use the Services, and shall remain in full force and effect even after you cease your use of the Services.
You acknowledge and consent to www.themamasphysio.com collecting, using, accessing, and storing your information for its legitimate business purposes, and disclosing your Client Information if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of third parties; (iv) respond to your requests for service and/or technical support; or (v) protect the rights, property, or personal safety of www.themamasphysio.com, its other clients and other users of the Services and/or the public.
All collection, use, access, storage, and disclosure of your Client Information will be in accordance with applicable privacy legislation in Ontario.
Notwithstanding that you may access www.themamasphysio.com or utilize the Services from a location outside of Ontario, your use of the www.themamasphysio.com and access to the Services constitutes your agreement that the laws of Ontario shall govern exclusively and you agree to attorn to the jurisdiction of Ontario exclusively.
In the event the www.themamasphysio.com contain links to other sites, www.themamasphysio.com is not responsible for (and you waive all claims against www.themamasphysio.com with respect to) the privacy practices or the content of such sites and your use of such sites is at your own risk.
www.themamasphysio.com cannot, and does not, guarantee the confidentiality of any information transmitted to www.themamasphysio.com via the www.themamasphysio.com website or by e-mail.
Subject to Change. All prices listed on the www.themamasphysio.com Websites are subject to change without notice. For up to date information, please contact www.themamasphysio.com by telephone during normal business hours.
The Services and any and all content and materials (including but not limited to all www.themamasphysio.com Products, logos, trade-marks, and all other intellectual property) posted or otherwise described on or available through the www.themamasphysio.com or otherwise created by www.themamasphysio.com or its licensors and associated with the Services (collectively, the “Content”) are owned by www.themamasphysio.com or its licensors, and are protected by applicable intellectual property and other laws (including but not limited to copyright, trademark, patent, trade secret, industrial secret, and other laws). For greater certainty, but without limitation, www.themamasphysio.com or its licensors own(s) and retain(s) all rights in the Content and no grant of ownership or license is granted to you. Except as provided for in this Agreement, you shall not modify, rent, lease, loan, sell, distribute or export the Content, or create or cause to be created any derivative works based on the Content, in any manner and you shall not otherwise exploit the Content in any unauthorized way whatsoever.
You understand that the Services use a technology that protects digital information and that your use of the Services and materials and Content made available by or through the Services is subject to certain rules (“Usage Rules”) established by www.themamasphysio.com and its licensors and Content providers. You agree:
- to comply with such Usage Rules, as established by www.themamasphysio.com from time to time, and you agree to not violate, or attempt to violate, any of the Usage Rules.
- to not attempt to, or assist another person in attempting to, circumvent, override, reverse engineer, decompile, disassemble or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
- that the Usage Rules may be controlled and monitored by www.themamasphysio.com for compliance purposes, and www.themamasphysio.com reserves the right to enforce the Usage Rules with or without notice to you.
- to not modify, or attempt to modify, any software provided, or otherwise made available to you, by www.themamasphysio.com or any of its licensors or providers (the “www.themamasphysio.com Software”) in any manner or form, or to use modified versions of the www.themamasphysio.com Software for any purpose including obtaining unauthorized access to the Services.
Any unauthorized reproduction, publication, exportation, further distribution or public exhibition of the Services or Content, in whole or in part, is strictly prohibited. www.themamasphysio.com reserves the right to investigate and take appropriate legal action against anyone who, in www.themamasphysio.com’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services;
- covering or obscuring the banner advertisements on any www.themamasphysio.com Websites pages;
- impersonating or attempting to impersonate another client, person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- selling or otherwise transferring any of the Services;
- exporting Products outside of Canada;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person; and
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
You agree not to reproduce, duplicate, copy, sell, trade, distribute or exploit for any commercial purposes, any portion of the Services or the Content.
Recognizing the global nature of the Internet, in addition to the foregoing, you agree to comply with all local rules and laws regarding online conduct and use of the Internet.
The creation and use of links to the www.themamasphysio.com, and the creation and use of links by www.themamasphysio.com on the www.themamasphysio.com, are governed by this Agreement, and specifically by www.themamasphysio.com Linking Policy, which is incorporated into this Agreement by reference, and is an integral part of this Agreement. In all events, linking through any hypertext and inline links, e.g. framing, and consulting the Site through inline links or framing are prohibited without the prior written consent of www.themamasphysio.com. Use of the Site for advertising or commercial purposes, in any form whatsoever, is prohibited without the prior written consent of www.themamasphysio.com.
Disclaimer and Limitation of Liability
Your use of the Services is at your sole risk.
Any material downloaded or otherwise obtained or viewed through your use of the Services is done at your own discretion and risk and you are solely and entirely responsible for any damages which my occur as a result of same, including but not limited to damage to your computer system or loss of data that results from the download of any such material.
www.themamasphysio.com makes no warranty that information, software and/or other material accessed or viewed using the Services will be free of viruses, bots, worms, or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
www.themamasphysio.com is not responsible for the conduct, whether online or offline, of any user of the Services.
www.themamasphysio.com and/or third parties may provide links to other Internet sites or resources. Inclusion of any link or resource on the Services does not imply the approval or endorsement of www.themamasphysio.com. When you access such sites or resources, you do so at your own risk. www.themamasphysio.com has no control over third party websites or resources and such websites and resources are not necessarily investigated, monitored or checked for accuracy or completeness by www.themamasphysio.com. You expressly acknowledge and agree that www.themamasphysio.com is not responsible for the availability of such external sites or resources, and that www.themamasphysio.com does not endorse and is not responsible or liable for any content, advertising, products, opinions or other materials on, or available from or through such sites or resources. You further expressly acknowledge and agree that www.themamasphysio.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
www.themamasphysio.com and/or third parties may create and/or otherwise provide advertisements and applications to you. www.themamasphysio.com takes no responsibility for third party advertisements or applications that are created and/or posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such advertiser. You agree that www.themamasphysio.com is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of third party advertisers on the Services.
www.themamasphysio.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Client communication (whether via the Internet, telephone, “wireless” or any other method of communication).
www.themamasphysio.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to you or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services.
No advice or information, whether oral or written, obtained by you from www.themamasphysio.com or through the Services shall create any new warranty, representation or condition.
www.themamasphysio.com makes no warranty, express or implied, that:
- the Services will meet your requirements
- the Services will be uninterrupted, timely, secure, or error-free
- the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or
- any errors in the services will be corrected.
IN NO EVENT SHALL www.themamasphysio.com (or it’s affiliates, licensors, contractors and their respective employees) be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to damages for lost profit , goodwill, use, data, or other intangible losses (even if www.themamasphysio.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services or otherwise access the internet or any part thereof; (ii) the use or the inability to use any Products; (iii) the disclosure of information by Clients to www.themamasphysio.com; (iv) any content posted on or through the Services (v) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (vi) unauthorized access to or alteration of your transmissions or data; (vii) statements or conduct of any other client or third party, whether online or offline; (viii) spyware, malware or viruses contracted from using the internet or otherwise through the Services; or (ix) any other matter relating to the Services or the Products. Notwithstanding anything to the contrary contained herein, www.themamasphysio.com’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to www.themamasphysio.com for the Services or Products sold to you through the Services. In the event your jurisdiction does not allow the exclusion of the warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages, these provisions will be limited to the maximum amount prohibited by law.
This Agreement shall be governed by, and construed in accordance with, the laws of the Province of Ontario, and the federal laws of Canada where applicable, without regard to conflict of law provisions. You expressly agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any dispute arising out of this Agreement or the Services.
You indemnify and hold www.themamasphysio.com and its employees, subsidiaries, affiliates, directors, officers, agents, partners, licensors and their respective employees harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of Content and/or third party contact information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of this Agreement, and your violation of any rights of any others.
Independent Legal Advice
You acknowledge having read, understood and agreed with all of the provisions of this Agreement and have agreed to the terms contained herein without any form of duress being exerted upon you and acknowledge having had the opportunity to obtain independent legal advice with respect to it.
www.themamasphysio.com shall not be deemed to have waived the exercise of any right that it holds under this Agreement, at law or in equity, unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise or non-exercise of any such right is to be deemed to be a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other such right.
In the event any provision of this Agreement is deemed invalid or void, in whole or in part, by any court of competent jurisdiction, such invalidity or unenforceability attaches only to such provision or part thereof and the remaining terms and provisions of this Agreement remain in full force and effect.
Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
www.themamasphysio.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or for any interruption in the Services resulting directly or indirectly from any act of God or the Queens’ enemies, a lawful act of a public authority, a delay or default by a common carrier, fire, explosion, power failure, flood, epidemic, riot or civil disturbance, sabotage, accidents, insurrections, blockades, embargoes, storms, labour disputes, strikes or similar event, which cannot reasonably be foreseen or provided against.
The division of this Agreement into sections, subsections, paragraphs and/or clauses and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this Agreement. Each capitalized term has the meaning given to it in this Agreement.
This instrument is the complete and exclusive agreement between you and www.themamasphysio.com, which supersedes all prior agreements, oral or written, and all other communications between the parties relating to the subject-matter of this Agreement.
Please contact firstname.lastname@example.org if you have any questions, comments or concerns regarding this Agreement.