Payment, Cancellation, Liability and Privacy Policies
I, the particpant, take full responsibility for my voluntary participation in all yoga classes. I agree to be gentle and to work in my own capacity. I release the instructor and Nourish Therapeutic Yoga from any liability resulting from any injury or discomfort from my attendance and participation. The Yoga Teacher does not provide diagnoses or replace the advice of a health care professional.
Payment and Cancellation Policies
Payment is required at the time of registration to reserve your place.
Live Classes: All live classes are non-refundable.
Private Individual Sessions: If you need to cancel a reservation for a private session please do so at least 48 hours prior to the start of the session. Funds will be held to rebook at a more suitable time.
Group Sessions: If you need to cancel a reservation for a group session please do so at least 5 days prior to the start of the session. Funds will be held to rebook at a more suitable time.
Extenuating Circumstances: Please contact me directly to discuss refunds.
TYPES OF PERSONAL INFORMATION COLLECTED
The Personal Information the Company collects about You will depend on the manner in which You access or use the Website or any content on or through the Website and may include:
Your name, age, or contact information, such as Your mailing address, telephone number, or email address, or other similar information associated with You;Your location, time-zone setting, network information, device type, browser type and version, browser plug-in types and version, operating system and platform, language, standard web log data, and IP address used to connect Your computer to the Internet or other similar identifier, or the equipment You use to access or use the Website and usage details;Data on the pages, services, or content You access or use on or through the Website, including the amount of time You spend on certain pages, products or services You viewed or searched for, clickstreams to, through, and from the Website, page response times, downloads and download errors, page interactions, or methods used to browse away from the Website;Billing or account information, if applicable; andAny other Personal Information that You choose to submit to us.
The Website and any content provided on or through the Website is not directed to any person who is not the legal age of majority under applicable law. The Company will not knowingly collect Personal Information from any person who is not the legal age of majority under applicable law.
METHODS FOR COLLECTING PERSONAL INFORMATION
Information Provided to the Company by You
Personal Information the Company collects from You on or through the Website and as a result of Your access to or use of the Website or any content on or through the Website may include Personal Information You provide the Company directly, for example by:
Submitting, posting, publishing, displaying, or otherwise transmitting user generated content;Filling in forms, making search queries, or corresponding with the Company on or through the Website, or otherwise communicating with the Company by any means including by phone, email, or other electronic messaging; orIf applicable or available through or on the Website: creating or registering for an account; subscribing, purchasing, or requesting information on a service or product; entering a contest or promotion; or otherwise engaging with the Company through interaction points that might exist from time-to-time between You and the Company.
Information Collected by the Company Through Technological Means
The device or equipment You use, including information about Your computer or mobile device, internet connection, IP address, operating system, and browser type; orYour browsing activities and patterns, including information about Your visits to the Website such as traffic data, location data, logs, and other similar communication data.
This information helps the Company improve the Website and the content available on or through the Website and otherwise improve the services of the Company by:
Helping the Company understand audience sizes and usage patterns on the Website;Allowing the Company to tailor the Website to Your preferences and interests; and recognizing You when You visit the Website multiple times.
The technologies used by the Company to automatically collect the information described above may include cookies, which are small files placed on the hard drive of Your computer. You can turn off cookies using Your internet browser but doing so may limit or remove certain parts of the Website, certain content on the Website, or the functionality of the Website.
USING AND DISCLOSING PERSONAL INFORMATION
Use of Personal Information by the Company
The Company collects Personal Information to provide You with a secure, smooth, efficient, and customized experience through or on the Website or any content on the Website. The Company may use Your Personal Information to:
The Company may combine all the Personal Information the Company collects, including Yours, in order to analyze and understand aggregate trends.
The Company may transfer Your Personal Information to third parties that assist the Company with the use of Personal Information described in “Use of Personal Information by the Company”, above. Such third parties may combine Personal Information provided by the Company with other information that they have independently collected from or about You. Some third parties may be located outside of Canada and may accordingly be subject to laws that are different from those in Canada.
The Company requires that all third parties that received any Personal Information from the Company use the same standards as the Company in using, maintaining, disclosing, and protecting such Personal Information.
The Company may share or sell aggregated, non-personally-identifiable information to third parties. For clarity, the Company does not sell Personal Information. The Company may also share aggregated, non-personally-identifiable information publicly to show trends about the general use of the Website, or any content, services, or products provided on or through the Website.
Other Disclosures of Personal Information
The Company may transfer information about You, including Personal Information, in connection with a merger or sale (including any transfers made as part of an insolvency of bankruptcy proceedings) involving all or part of the Company’s business or as part of a corporate reorganization or stock sale or other changes in corporate control.
ACCESS AND CORRECTION
The Company will provide You with access to Your Personal Information in accordance with applicable privacy legislation, and may decline to provide You access to Your
Personal Information on the basis that such Personal Information is:
Protected by solicitor-client privilege; orPart of a legal proceeding, government or regulatory investigation or process, or otherwise part of a formal dispute resolution process.
Where the Company is unable to provide You with access to Your Personal Information, reasons will be provided subject to any legal or regulatory restriction.
The security of Your Personal Information is important to the Company. The Company protects Your Personal Information by maintaining physical, organizational, and technological safeguards against unauthorized access, unauthorized disclosure, theft, or misuse appropriate to the sensitivity of such Personal Information. Personal Information collected by the Company may only be accessed by persons within the Company who require access to provide You with access to, use of, or content, services, or products provided on or through the Website. The Personal Information the Company collects is maintained at https://www.nourishtherapeuticyoga.ca/
Although the Company takes measures to protect against data breaches and unauthorized access to Your Personal Information, no company can completely mitigate the risks of such breaches or unauthorized access and no website is fully secure. The Company cannot guarantee that hacking, data loss, breaches, or other unsanctioned access of the Company’s security systems will never occur. Accordingly, You should not submit or otherwise provide Personal Information to the Company by any means if You consider that Personal Information to be sensitive.
Except as otherwise permitted or required by applicable law or regulation, the Company retains Personal Information only for as long as necessary for the purposes for which such Personal Information was collected. The Company reserves the right to use anonymous and de-identified information, including anonymized or otherwise de-identified Personal Information, for any legitimate business purpose without further notice to You and without Your Consent.
CONTACT INFORMATION AND CHALLENGING COMPLIANCE
Nourish Therapeutic Yoga (“company”, “I”, “we” or “us”) provides general educational information on various topics on this website as a public service, which should not be construed as professional, financial, real-estate, tax or medical/health advice. These are my personal opinions only.
The term “you” refers to anyone who uses, visits and/or views the website.
All content and information on this website including our programs, products and/or services is for informational and educational purposes only, does not constitute medical, psychological or health advice of any kind and we do not warrant that the information presented herein is free of any errors or omissions. We are not providing medical, health care, movement services or teaching services to diagnose, treat, prevent or cure any kind of physical ailment, mental or medical condition. A professional-client relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to work with you in a specific matter.
Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the medical and health area for your particular needs and circumstances prior to making any medical or health related decisions. For your health related questions, please seek the advice of a licensed physician or any other qualified healthcare provider.
Testimonials and other disclaimers
All the testimonials included on our websites, programs, products and/or services are real-world examples and stories of other people’s experiences with our programs, products and/or services. But they are not intended to serve as a guarantee that you will achieve the same or similar results. Each individual’s performance is different and your results will vary accordingly.
You are encouraged to perform your own due diligence and research and are solely responsible for your results. Results are contingent upon your personal circumstances, abilities, experience, and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
Limitation of liability
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of our websites including purchasing programs, products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
Terms & Conditions
1.1 Acceptance of Terms and Conditions
IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.
legal agreement between you (“You” and “Your”) and Nourish Therapeutic Yoga (the “Company”) governing Your use of www.nourishtherapeuticyoga.com and
all associated web pages owned by the Company (collectively, the “Website”) “We” and “Us” means both You and the Company. By accessing or using the Website
By using the Website, You represent and warrant that You are the legal age
of majority under applicable law to form a binding contract with the Company.
to by the Company in writing.
2. YOUR USE OF AND CONDUCT ON THE WEBSITE
2.1 Nature of Use
Violate or promote the violation of any government-imposed restriction or
rule or of any third-party’s rights; impersonate any person or entity, misrepresent your affiliation with a person or entity, or do any other thing or act that brings the Company, any other user of the Website, or any third-party into disrepute or causes liability for the Company;Distribute viruses, malware, or any other technologies that are malicious or that may harm the Company, the Website, other users of the Website, the Company’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Website;Reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third-party, or otherwise publish, deep link, create derivative works from or exploit in any way the Website or any content on the Website except as permitted by the Company under these Terms of
Use; andHarvest or otherwise collect, use, or disclose (including through the
use of any robot, spider, or other automatic device, process, or means) content on the Website or personal information about any other user or users of th Website for any purpose.
You further represent and warrant with respect to any account that You may
make on or through the Website that:
All the information You provide on or through the Website is correct,
current, and complete;Any username, password, or any other piece of information chosen by You, or provided to You as part of the Company’s security procedures,
if any, will be treated as confidential by You and will not be disclosed to any
other person or entity;You will notify the Company immediately of any
unauthorized access to or use of Your username or password, if applicable, or any other breach of security; andYou will not transfer Your account, if any, to another person without the prior written consent of the Company.
2.2 User Generated Content
You may be able to submit, post, publish, display, or otherwise transmit
content, material, or information to the Website or to other users or persons
through or using the Website (“User Generated Content”). You are entirely
User Generated Content may be removed, hidden, edited, or otherwise altered
at the sole discretion of the Company for any or no reason, with or without
notice, and at any time. However, the Company has no obligation, nor any
responsibility to any party to monitor the Web-site or its use, and does not
and cannot undertake to review User Generated Content. The Company cannot
ensure prompt removal of objectionable material, including User Generated
Content, and the Company has no liability for any action or inaction regarding
transmissions, communications, or content, including User Generated Content,
provided by any user of the Website or third-party, subject to applicable laws.
The discretion of the Company will be informed, but not limited by, the
following guidelines for inappropriate User Generated Content. User Generated
Content may be deemed inappropriate by the Company if it contains, depicts,
includes, discusses, encourages, or involves, without limitation:
Material or conduct that is illegal, exploitative, obscene, harmful,
threatening, abusive, harassing, hateful, defamatory, sexually explicit or
pornographic, violent, inflammatory, or discriminatory based on race, sex,
religion, nationality, disability, sexual orientation, age, or other such
legally prohibited ground;Any false, inaccurate, or misleading information, or
the impersonation or attempted impersonation of the Company, an employee of the
Company, another user of the Website, or any other person or entity;Conduct
that restricts or inhibits anyone’s use or enjoyment of the Website, or which,
as determined by the Company in its sole discretion, may harm the Company or
users of the Website, or expose either to liability;Cause annoyance,
inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm
any other person; orMaterial or conduct that is otherwise objectionable, as
determined by the Company at its sole discretion.
By submitting, posting, publishing, displaying, or otherwise transmitting
any User Generated Content on or through the Website, You agree to grant the
Company, its successors, and as-signs, and the Company’s affiliates and service
providers as necessary, a worldwide, royalty free, perpetual, irrevocable,
non-exclusive license to use, reproduce, modify, perform, display, distribute,
copy, and otherwise disclose for any purpose any User Generated Content You
submit, post, publish, display, or otherwise transmit on or through the
Website. You waive all moral rights in any such User Generated Content.
2.3 Ordering and Purchases
You may be able to purchase products on the Website and Your purchase of any
such goods will be governed by this subsection 2.3, subject to any additional
terms relating to a particular product (“Additional Terms”), which will be made
available to You at or before Your time of ordering and will prevail over these
By selecting a product, quantity, color, and/or any other features required
to be selected by You, providing Your provided method of payment, and
completing the steps required of You during the check-out process, You can
place an order for a product on the Website. You may receive an email
confirming that such order has been received by the Company, however: (a) any
such order confirmation provided to You by the Company does not constitute an
acceptance of Your order; and (b) the Company reserves the right, at its sole
discretion, to accept or reject any order prior to shipment of that order.
Without limiting the foregoing sentence, the Company may reject all or a
portion of Your order because of the unavailability of the ordered product or
products for purchase, errors in product pricing information, or a product
recall for one or all of the products You ordered. Shipment and processing of
payment for each product in Your order will constitute the Company’s acceptance
of that portion of Your order.
The Company does not represent or warrant that any products description,
image, or other such content on the Website is accurate, complete, reliable, or
current. If You deem that a product You purchased on the Website is not as
described on the Website, Your sole recourse is to return that product to the
Company for a refund. Please direct such return inquiries to nourishtherapeuticyoga.com. To extent
legally permissible, the only warranties and conditions provided to You with
respect to any particular product are those warranties and conditions described
on the Website.
By placing an order for a product or products on the Website, and
specifically by confirming your order at the conclusion of the check-out
process, You agree to pay the Company the total amount set-out at the time You
confirm Your order. All prices quoted on the Website, including the prices for
products and shipping, are in Canadian dollars unless otherwise explicitly
stated. Your provided method of payment will be charged for Your order or for
each product in Your order as each portion of Your order is accepted by the
Company and shipped. The Company reserve the right to reject Your order where
the price of an ordered product has changed or was misstated on the Website;
You may be provided an opportunity to accept such price change and continue
with Your order. You are required to pay for all products shipped to You by the
Company, even where such product is shipped to You as a result of an error by
the Company, unless You return such product to the Company within 14 calendar
days of Your receipt thereof. All payments owed by You are due no more than 30
calendar days after Your receipt of the product and/or order and the Company
reserves the right to charge interest on any amounts owed but not paid by You
within such time at the lower of 1.5% or the maximum rate permitted by law.
All information provided by You to the Company during the check-out process
must be truthful, accurate, and complete for the purposes for which such
information was requested. By providing payment information to the Company, You
represent and warrant that You are the authorized owner of such payment method.
The Company may use third-party carriers to ship and deliver the products
You order and the Company is not responsible for any loss or damage to any such
products after the Company has delivered the products to a third-party carrier.
Products You order may be shipped in one or multiple packages. Shipping costs
provided to You during the check-out process are estimates only and are
realized by the Company at the time of shipping. You agree to pay all shipping
costs unless otherwise stated by the Company at the time of Your order,
including without limitation any increase in the price of shipping or any
duties or other such taxes.
The Company will respect any certain legal rights You have with respect to
Your order under applicable consumer protection laws. For information on the
Company’s exchange and returns policy please send us an email at nourishtherapeuticyoga.com.
3. INTELLECTUAL PROPERTY RIGHTS AND
The Website and all the content of the Website (including without limitation
all information, reports, data, databases, graphics, interfaces, web pages,
text, files, software, code, product names, company names, trademarks, logos,
trade names, any other intellectual property contained on the Website but
excluding User Generated Content), the manner in which such content is
presented or appears and all information relating thereto, and the Website’s
features and functionality (collectively, the “Website IP”) are owned by the
Company, its licensors, or other providers of such Website IP, and are
protected in all forms by intellectual property laws, including without
limitation copyright, trademark, patent, trade secret, industrial design, and
any other proprietary rights.
The Company grants You a personal, revocable, non-transferable, and
non-exclusive license to access and read the Website IP.
You agree that, except as explicitly authorized by the Company, You will
Distribute the Website IP for any purpose, including without limitation by
compiling an internal database, or by redistributing or reproducing the Website
IP by the press or media or through any commercial network, cable, or satellite
system;Create derivative works of, reverse engineer, decompile, disassemble,
adapt, translate, transmit, distribute, publish or republish, download, store,
arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer,
loan, rent, lease, assign, share, outsource, host, make available to any person
or otherwise use, either directly or indirectly, the Website IP in whole or in
part, in any form or by any means whatsoever, be they physical, electronic, or
otherwise; orAllow any third-party to access the Website IP.
4. ENFORCEMENT, SUSPENSION, AND
The Company may in its sole discretion for any or no reason, with or without
notice, and at any time:
use of the Website;Take technical and legal steps to prevent You from accessing
or using the Website; orRemove or otherwise modify any User Generated Content.
Any such termination or action by the Company shall be in addition to and
without prejudice to such rights and remedies as may be available to the
Company, including injunction and equitable remedies. Any terms of these Terms
of Use which are necessary to give effect to the rights of the Company under
survive, except to the extent not permitted by law.
To the maximum extent permitted by applicable law, You agree at all times to
indemnify, defend, and hold harmless the Company, its agents, affiliates,
partners, and its and their respective directors, officers, employees, agents,
service providers, contractors, licensors, suppliers, successors, and assigns
from and against any claims, actions, proceedings, demands, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees (including legal
and other fees and disbursements) sustained, incurred, or paid by the Company,
access or use of the Website, including without limitation any User Generated
Content You submit, post, publish, display, or otherwise transmit on or through
the Website, and Your access to, use, or misuse of the Website or any content
on the Website.
6. LIMITATIONS ON LIABILITY AND
6.1 Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, PUNITIVE, EXEMPLARY, AGGRAVATED ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON TH WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SERCURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, THE COMPANY’S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (Y) THE TOTAL FEES SUCH PARTY
MADE TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (Z) $150 CAD.
6.2 Availability, Completeness, and
You understand and agree that the Website, any content on the Website, and any services or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either
express or implied, including without limitation the implied warranties of
merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, the Company makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Website or any content on the Website, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Website or any content on the Website, that the Website or any content on the Website will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Website or any content on the Website for a particular purpose. The Company assumes no obligation to update the Website or any content on the Website. The Website or any content on the Website may be changed without notice to You.
To the maximum extent permitted by applicable law, the Company excludes all liability (whether arising in contract, tort, breach of statutory duty, or
otherwise), which the Company may otherwise have to You as a result of any error or inaccuracies in the Website or any content on the Website, the unavailability of the Website for any reason, or any representation or statement made on or through the Website or any content on the Website.
The Company is not responsible for any content on the Website, including
User Generated Content, that You may find undesirable or objectionable.
The Company cannot and does not guarantee or warrant that files or data
available for downloading on, through, or as a result of the Website will be
free of viruses or other destructive code. You are solely and entirely
responsible for Your use of the Website and Your computer, Internet, and dat security. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful
materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items found or attained on, through, or as a result of the Website or to Your downloading of any material posted on or through the Website, or on any website
linked to the Website.
6.4 Third-Party Sites
The Website or content on the Website may contain links to third-party sites. The Company does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion,
advice, or statements contained at such sites, and makes no representations
about any such websites that may be accessed from the Website or from any
content on the Website. Where You access such sites, You acknowledge and agree
You are doing so at Your own risk. Your use of a third-party site may be
governed by the terms and conditions of such site.
In providing links to third-party sites, the Company is in no way acting as
a publisher or disseminator of any material contained on those sites and does
not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to
mean that the Company is affiliated or associated with such third-party in any
way. The Company does not recommend or endorse any material found on such
third-party sites. The mention of another party or its product or service on
the Website or in any content on the Website is not and should not be construed
as an endorsement of that party or its product or service.
6.5 No Reliance
Any reliance You may place on the Website or any content available on,
through, or as a result of the Website is at Your own risk. Any content
provided by the Company on, through, or as a result of the Website is provided
for general information purposes only and to inform You about the Company and
the Company’s products, news, features, services, and other websites. Such
content does not constitute technical, financial, or legal advice, or any other
type of advice, and should not be relied on for any purpose. You agree to apply
Your own judgment or obtain specific or professional advice before taking, or
refraining from, any action or inaction on the basis of the Website or any
content on the Website, including User Generated Content, including without
limitation the use of the Website or any content on the Website, including User
Generated Content, as the basis for any conclusions.
6.6 No Offer of Sale
Unless explicitly stated, the Website and the content on the Website are not
to be construed as an offer to sell any product or service.
6.7 Force Majeure
The Company shall have no liability to You for any breach of these Terms of
Use caused by any event or circumstances beyond the Company’s reasonable
control including without limitation strikes, lock-outs and other industrial
disputes, breakdown of systems or network access, disease, flood, fire,
explosion, or accident.
If You have a dispute with one or more other users of the Website, You
release the Company, its affiliates, and licensors (and its and their
directors, officers, employees, agents, and subsidiaries) from any 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.
The use by the Company of Your personal information is governed by the
By using the Company’s Website or by submitting Your personal information,
including User Generated Content, on or through the Website, You consent to the
collection, use, and disclosure of Your personal information in accordance with
9.1 No Agency
No agency, partnership, joint venture, employee-employer, or
franchiser-franchisee relationship is intended or created by these Terms of
9.2 Governing Law, Jurisdiction, and
laws of the Province of Ontario and the federal laws of Canada applicable
therein, without giving effect to any choice of law provision, principle, or
rule, and notwithstanding Your domicile, residence, or physical location.
to have been performed in the Province of Ontario and the courts of the
Province of Ontario shall have jurisdiction to entertain any action arising
under or out of these Term of Use. You and the Company agree to irrevocably
attorn and submit to the exclusive jurisdiction of the courts of the Province
of Ontario. You further waive any and all objections to the exercise of
jurisdiction over You by such courts and to the venue of such courts.
You agree to waive any right You may have to a trial by jury or to commence
or participate in any class action against the Company related to the Website
or any content on the Website, including User Generated Content, or these Terms
No failure to exercise, or delay in exercising, any right, remedy, power, or
waiver thereof. No single or partial exercise of any right, remedy, power, or
privilege hereunder precludes any other or further exercise thereof or the
exercise of any other right, remedy, power, or privilege.
jurisdiction shall, as to that jurisdiction, be ineffective to the extent of
such prohibition or unenforceability and shall be severed from the balance of
Use or affecting the validity or enforceability of such terms in any other
mandatory statutory requirement or Your statutory rights.
9.5 Entire Agreement
referred to herein contain the entire understanding and agreement between Us in
relation to Your use of the Website, and supersede and replace all prior and
contemporaneous understandings, agreements, representation, statement, or other
communication made by You or the Company, whether written or oral, that is not
The Website is operated by Nourish Therapeutic Yoga.
You consent to the exchange of information and documents between Us
electronically over the Internet or by e-mail. If You have an account profile
with the Company or have purchased a product or service from the Company, the
Company will send You information and documents to the e-mail address in Your
account profile on the Website or provided in the course of purchasing such
product or service. You will send information and documents to the Company by
email to nourishtherapeuticyoga.com.
Every notice that You are required or permitted to provide under these Terms
of Use to the Company shall be in writing and provided to nourishtherapeuticyoga.com. All notices
from the Company to You will be displayed on the Website from time to time.
You may not assign, sublicense, or otherwise transfer any of Your rights and