PLUSVITALITY DOES NOT PROVIDE MEDICAL OR HEALTH CARE ADVICE: The content of the Site is provided for information purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Never disregard medical advice or delay seeking such advice because of something you read on the Site. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Always consult a qualified physician prior to beginning any exercise program, making any change to your diet or taking any medication or supplement.
TERMS AND CONDITIONS OF USE
- Medical Disclaimers. The content of the Site is provided for information purposes only and is not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. PlusVitality does not give medical advice, nor does it provide medical or diagnostic services through the Site. Your use of the Site does not create a physician-patient relationship. Never disregard medical advice or delay seeking such advice because of something you read on the Site. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Always consult a qualified physician prior to beginning any exercise program, making any change to your diet or taking any medication or supplement. If you feel faint or experience symptoms of dizziness or shortness of breath at any point during physical activity, immediately stop the activity and seek assistance from a qualified physician. DO NOT USE THE SITE FOR EMERGENCY MEDICAL SERVICES. IN AN EMERGENCY, CALL 911, YOUR LOCAL EMERGENCY ASSISTANCE NUMBER AND/OR YOUR PERSONAL PHYSICIAN.
- Third Party Payment Requirements. To use the Site and Services you will need access to the World Wide Web, and you must pay any fees associated with your use of such access and the Services you obtain. You will also need equipment and a modem or another access device. PlusVitality currently uses SSL technology on some Site pages to help protect information that passes over the Internet (these pages include the login and registration pages and the online store). You must have certain browser capability to take advantage of this encryption technology.
- your password is lost or stolen, or
- you become aware of any unauthorized use of your password or of any other breach of security that might affect the Services.
- PlusVitality is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
- Disclaimer of Warranties. The use of the Site and Services is solely AT YOUR OWN RISK. The Site and Services are provided on an ” as is” and “as available” basis. PLUSVITALITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND SERVICES, INCLUDING ANY MEDICAL INFORMATION, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, TRADE OR PRACTICE. Some jurisdictions do not allow the exclusion of implied warranties so the above exclusions may not apply to you. PlusVitality makes no warranty or representation that the Site or Services will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error free or that results may be obtained by the use of the Site or Services will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site or Services is to cease to use the Site or Services. You may have other rights that vary depending on where you live.
- Exclusions and Limitation of Liability. You expressly understand and agree that PlusVitality shall not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use data loss or other losses (even if PlusVitality has been advised of the possibility of such damages) resulting from:
- your access or use or inability to access or use the Site or Services,
- the cost of procurement of any substitute site or services resulting from any data, information or services obtained or which you were unable to obtain or transaction effected or failed to be effected,
- any link provided in connection with the Services,
- your reliance on any of the Services,
- the interruption, suspension, termination of any of the Services,
- any viruses that may infect your computer equipment or other property on account of your use of the Site, or
- any matter otherwise related to your use of the Site or Services.
- Conduct on the Site. You are responsible for all information that you e-mail or otherwise transmit using the Site or Services. Likewise, you are responsible for any failure on your part to respect PlusVitality’s and third parties’ proprietary and intellectual property rights in the content of the Site (including graphics and text that appears on the Site), and you agree not to download, email or otherwise transmit such content in violation of PlusVitality’s and third parties’ rights. You agree not to use the Site or Services:
- for any purpose or in any manner that violates any local, state or federal law or regulation or the law or regulation of any foreign government;
- to directly or indirectly, intentionally disrupt or interfere with the Site or Services in any manner that may materially adversely affect PlusVitality, another user or any other third party; or
- to email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any hardware, software, telecommunications equipment or facilities.
- No Resale of Services. Unless you are also a PlusVitality Agent, you agree to use the Services solely to accommodate your own needs or the needs of your family and not to offer the Services to any third party. You may not use or exploit any portion of the Site or Services to provide any commercial services to third parties.
- Rules for Children (Under Age 18). Some of the Content on the Site may not be appropriate for children. Children under the age of 18 require the permission of a parent or guardian to register as a PlusVitality Member. The PlusVitality Kids component of the Site is designed to provide advice for both parents and children. Children from 13 years of age to 18 years of age are encouraged to use the Site and follow the programs developed specifically for their age group. We do however strongly recommend that children from 13 years of age to 18 years of age ask for their parent’s or guardian’s permission before viewing the Site. Advice and programs for children under the age of 13 are designed for parents to use with children. At no time should children under the age of 13 be allowed unsupervised use of the Site.
- Intellectual Property. The Content of the Services is owned by PlusVitality and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written permission of PlusVitality, except that, subject to your compliance with the Terms and Conditions, PlusVitality authorizes you to view or download a single copy of the Content provided that you keep intact all copyright, trademark and other proprietary notices. Modification of Content or use of Content for any other purpose is a violation of the rights of PlusVitality or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of PlusVitality or third parties. Other trademarks may be used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of PlusVitality or the owner of such mark.
- Links. The Site includes links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by PlusVitality with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and PlusVitality is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. PLUSVITALITY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.
- Waiver, Release and Indemnity. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you hereby release and forever discharge PlusVitality and its respective officers, directors, shareholders, employees and agents, of and from all actions, causes of action, suits, debts, duties, accounts, bonds, covenants, contracts, guarantees, claims and demands whatsoever that you had, now have or hereafter can, shall or may have of or by an reason of or in any way arising out of any cause, matter or thing whatsoever existing up to the present time and, in particular, without in any way limiting the generality of the foregoing, for and by reason of or in any way arising out of your use of the Site or participation in any of the Services. You agree to hold harmless and indemnify PlusVitality and its affiliates, and each of its officers, directors, employees and agents from and against any and all third party claims, demands, proceedings and any losses, liabilities, damages, costs, payments and expenses, including reasonable attorneys’ fees, costs and expenses arising out of, directly or indirectly, your use of the Site or Services including, without limitation
- (i) any unlawful use of the Site, and/or
- (ii) any use of the Site or Services that violates the Terms and Conditions.
- 13. Changes. PlusVitality may change the Terms and Conditions from time to time and such amended Terms and Conditions will be posted on this Site.
- PlusVitality reserves the right to change the amounts of the monthly Membership Fees. Upon such event, PlusVitality shall notify Members by posting the revised amounts on the Site not less than 30 days prior to the implementation of such change. Unless you terminate your Member Agreement, you will be deemed to have agreed to such changed amounts. PlusVitality reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. PlusVitality may terminate your use of the Services at any time for any reason without notice to you. PlusVitality shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. PlusVitality reserves the right to refuse to offer Services to anyone at anytime without notice.
- 14. Miscellaneous. The Terms and Conditions constitute the entire agreement between you and PlusVitality relating to the Site and Services. There is no agency, partnership, joint venture, or employee-employer relationship between you and PlusVitality arising through the use of the Site. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Site or Services. The Terms and Conditions are binding upon your successors, assigns, heirs and executors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. The failure of PlusVitality to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Site, Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. By your use of this site, you certify that you: (i) have read and agree to the above terms; (ii) have received consent from your physician to utilize the Services and participate in the activities; (iii) acknowledge that you do so voluntarily and at your own risk; and (iv) agree to release and relieve PlusVitality of any and all liability for any injuries, claims or damages arising out of your use of the Site or Services. You and PlusVitality agree that this Agreement and the relationship between you and PlusVitality will be governed in accordance with the laws of the Province of Ontario and the federal laws of Canada as applicable to therein, and both parties consent to the jurisdiction of the federal and provincial courts of the Province of Ontario.
THE SERVICE DOES NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE; NO DOCTOR-PATIENT RELATIONSHIP
PlusVitality provides the Services for informational purposes only. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. PlusVitality is not a medical professional, and PlusVitality does not provide medical services or render medical advice. The Services are not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. If you require medical advice or services, You should consult a medical professional. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND PLUSVITALITY .
YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU SHALL CONSULT YOUR PHYSICIAN, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS RESULTING FROM EXERCISE OR CHANGES IN YOUR DIET.