Terms and conditions
Updated May 25th, 2017
Please read this document carefully as it contains important terms and conditions that govern your use of the Websites (the “Websites”) of Evolve Holistic Group (a division of Hands on You Therapeutic Clinic Inc. and its subsidiaries and affiliates (collectively referred to herein as “We” or “Evolve”) and by accessing or using this Website or the services you agree to be bound by these terms and conditions without modification. If you do not agree to any of these terms and conditions, you must not access or use this Website.
We provide this website and its services to you subject to the following terms and conditions. We reserve the right to change the terms and conditions from time to time without notice or liability to you by posting revised Terms and Conditions on the Website. Your continued use of the Website will constitute acceptance of the revised Terms and Conditions so please check back regularly to read the most recent version.
NO WARRANTIES AND LIMITATIONS
To the fullest extent allowed by law, the Website, and any content, are provided to you on an "as is," "as available" basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which we expressly disclaim. We do not endorse and make no warranty as to the accuracy, completeness, currency, or reliability of the content, and we will not be liable or otherwise responsible for any failure or delay in updating the website or any content. We have no duty to update the content of the Website. We make no representations or warranties that use of the content will be uninterrupted or error-free. You are responsible for any results or other consequences of accessing the Website and using the content, and for taking all necessary precautions to ensure that any content you may access, download or otherwise obtain is free of viruses or any other harmful components.
Your use of the content is at your own risk. We specifically disclaim any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the content (even if we have been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the Website or viruses whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Website or the content. If notwithstanding the foregoing, we should be found liable for any loss or damage which arises out of or is in any way connected with any of the services or uses of the Website or the information, our total liability for all damages, losses and causes of action, whether in contract, tort including, but not limited to, negligence), or otherwise shall in no event exceed in the aggregate $100 CAD or the amount paid by you for accessing this site, if any, whichever is greater.
You shall indemnify and save harmless us and our respective parent, subsidiaries, affiliates, franchisees, officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, resulting from or related to (a) your breach of any of these Terms and Conditions (including any terms incorporated by reference); (b) your access to or use of this Website; or (c) your use or reliance on, publication, communication or distribution of anything on or from this Website.
The Information is protected by Canadian and international copyright law and treaty provisions, trademarks laws, and other proprietary rights laws. You must not copy, reproduce, republish, post, transmit, display, perform, distribute, modify, publish, license or create derivative works, link to or frame in another website, use on any other website, or transfer to sell from the Information or any part of it without our prior written approval. However, you may download one copy of the Information for your personal, non-commercial viewing only, provided that you do not remove or alter any trademark, copyright or other proprietary notice. Unauthorized use of this Website and/or the Information may violate applicable copyright, trademark or other intellectual property laws or other laws.
If you want to reproduce any of the Information, please send us a request at firstname.lastname@example.org. We may approve or deny any such request in our sole discretion.
If you believe that any material on our website infringes anyone's copyright, please notify us at email@example.com. Be sure to describe the copyrighted work that you claim has been infringed, and a description of where the alleged infringing material is located.
USE OF SITE
The Website is directed to those individuals and entities located in Canada. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. We make no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of Canada. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
This Website is not intended for use by children under the age of 18. Use of the Website is void where prohibited by applicable law.
In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we at any time and without notice or liability to you may terminate or restrict your access to any component of this Website. In the event of such termination or restriction, these terms and conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Website and of the Information.
All trademarks and trade names appearing on this Website are owned by us or our licensors. You may not use any such trademarks without the express written permission of the trademark owner.
OUR PRODUCTS AND SERVICES
This Website may describe products, programs and services that are not available or are prohibited in some countries. These descriptions do not imply that we intend to make those products, programs or services available in every country, or that those products, programs and services may be used lawfully in your country.
All sales of our products and services are subject to our standard terms and conditions of sale, which we will provide to you upon request.
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. The sites that are linked from this Website are not under our control. We do not have or assume any responsibility or liability for any communications or materials available at those linked sites. We do not endorse the content contained in any third party website. We do not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party website, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any content on a third party website. We do not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party websites. Nor do we make any representation, warranty or condition, express, implied or statutory that the operation of any third party website will be uninterrupted, free of error, viruses or any other harmful components. All links are provided for your convenience only and if you choose to access any third party website, you do so entirely at your own risk.
RELATIONSHIP OF THE PARTIES
Neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Website.
No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to Evolve that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Governing Law, Location and Miscellaneous
These Terms and Conditions, together with those incorporated by reference, constitute the entire agreement between us and you pertaining to your use of the Website and may not be modified except by us as stated above. We may assign these Terms and Conditions, in whole or in part, at any time. Our failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. Certain portions of these Website Terms and Conditions may be superseded by terms of other contracts between you and us. If any part of these Website Terms and Conditions is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining disclaimers, terms and conditions. We reserve the right at any time to change or discontinue any feature of the website or begin charging for access to the website.