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These Terms of Use for our Programs, Products, and Services state how you may use our digital content, including but not limited to our Websites, Programs, Products and Services, and Program Materials.
Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time without notice to you. By purchasing or using any of our digital Websites, Programs, Products and Services, now or in the future, you are agreeing immediately upon said purchase to the Terms of Use as they appear, and agree that you are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Websites, Programs, Products and Services.
The websites www.drtaraND.ca, www.inversahealth.com, www.taraguzzo.com, www.inversahealth.ca, and inversahealth.practicebetter.io (hereinafter “Websites”) and any content therein (defined below) is owned and operated by InVersa Health Inc. (hereinafter “we” “us” “our” “company”).
“Agreement” or “contract” means all of: The documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of any of our Programs, Products and Services.
“Programs, Products, and Services” mean any paid program or service, group course or program including but not limited to a mastermind, group program, coaching, template, downloadable information product, webinar, e-book, or other service or course where we provide content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Programs, Products, and Services may be delivered in ways including but not limited to in-person, phone, video conference, webinars, social media live video, teleconference, videos, audios, books, e-books, products, social media, blog articles, or otherwise.
“Terms of Use” includes this document and all the standard provisions that form part of every contract we enter into with each purchaser, client and user (including you) of any of our Websites, Programs, Products, and Services, as amended from time to time by us in our sole discretion, without notice to you.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Program Materials or any other information accessed or purchased through our Websites, Programs, Products, and Services for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
Please read all Terms & Conditions before using our Website – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them.
The use of our Website and all of our Programs, Products and Services are intended solely for Ontario residents who have reached the age of majority, 18 years of age. Any registration by, use of, or access to any Programs, Products and Services and Program Materials by anyone who is younger than the relevant age of majority is unauthorized, unlicensed and violates these Terms of Use. By purchasing or using any Programs, Products and Services and Program Materials, you represent and warrant that you are an Ontario resident who has reached the age of majority of this Province in which you are resident.
Please note these Terms & Conditions may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether, or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.
If you purchase or have purchased a service or product(s) from us, you have also entered into a separate agreement with us, in addition to these Terms and Conditions, and are subject to the terms outlined in the Terms of Use, which shall prevail in the event of a conflict or issue. Please note all online purchases carry additional Terms of Use relating to each transaction, and your purchase of the product constituting acceptance and agreement to adhere to these additional Terms of Use.
By purchasing or using any of our Programs, Products and Services, you agree to abide by these Terms of Use and the Contract you have signed, and you acknowledge and agree that you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products and Services, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use.
Intellectual Property Rights
This website contains original work that has been created with dedication, care, detail, planning, and creative thinking, as well as professional analysis, evaluation, and opinions. This collection of work is considered intellectual property created and owned by InVersa Health Inc., which is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Websites and within the content provided, including but not limited to website design, framing, taglines, meta tags, layout, photographs, graphics, words, content, information, materials, documents, data, our logo, artwork, colour scheme, branding and/or placement of same on our Websites, to the extent protectable, rights of publicity, and any and all other information accessible through our Websites, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
You understand and acknowledge you will be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on our Websites, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Websites, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable.
LICENSEE/LICENSOR RIGHTS: OUR LIMITED LICENSE TO YOU
Your ability to view content on our Websites grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase templates from our Websites, you will also be granted a limited license to use the products on your website, and in the course and scope of your business, as outlined in the Terms of Use associated with each product available for purchase.
As a licensee, you understand and agree that you will not:
• Copy, edit, distribute, duplicate or steal any information on our Website, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information.
• Use, post, distribute, copy, steal or otherwise use any portion of our Website, including content or products, without our express, written permission provided by the Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against you.
• Hold any of our Content or products out to be your own and understand that doing so constitutes stealing and is a violation of our intellectual property rights.
• Share purchased materials with others who have not purchased them.
• Use any portion of our Website, including all Content and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.
Content you purchase may be edited as instructed, in order to properly personalize them for your use, and may be shared in accordance with guidelines outlined in the Terms of Use; however, you understand that your purchase of our products grants you a limited license to use the products you purchased for your own personal use, not for commercial gain or to be distributed to anyone else.
If you violate this license by giving or selling a copy of our content to anyone, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our product(s) permanently.
You further acknowledge and understand that any such actions including but not limited to those outlined above constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and Canadian Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.
Any requests for written permission to use any content posted on our Websites shall be made before you wish to use any such content, and may be made by sending an email with your written request to the email listed at the end of these terms, and wait for a response.
LICENSEE/LICENSOR RIGHTS: YOUR LICENSE TO US
You may be able to post your original content to our Websites, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, program forums, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age.
When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
You agree you are wholly assigning any intellectual property ownership rights to us by your action and decision to post on our Websites, or otherwise provide us with content, with access to our Websites constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favourable treatment in return.
TESTIMONIALS
Our Websites may feature testimonials from clients from time to time, in order to provide readers with additional comments from others’ experiences with our website and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Websites, you do not expect the same results, and understand this information is not a guarantee.
These Terms & Conditions are the intellectual property of the Company and may not be used without express, written consent from the Company. Use of this document without permission will constitute copyright infringement and may be prosecuted to the full extent of the law.
YOUR CONDUCT
Should you choose to post anything on our Websites, program forums, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyberbullying, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
You may use our Websites for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Websites, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
USE OF FREE MATERIALS AND CONTENT
From time to time, you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide us credit, and will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.
INFORMATION YOU PROVIDE
In order to gain access to our email list or membership site, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products, you will also be required to submit payment information and a billing address, and be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.
You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through our Websites to the Company, or via the membership site, will be accurate and current, and belong to you alone. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own. Should you choose to impersonate another, you understand this may constitute a legal violation and understand and agree you will be financially responsible for any consequences therein and agree to hold us harmless from any resulting legal action.
You also agree that you are to remain financially responsible for any purchases made through our Websites by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Websites.
ONLINE PURCHASES
AUTHORIZATION AND PERMISSION
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Programs, Products and Services and Program Materials, without any additional authorization, for which you will receive an electronic receipt.
You agree to only purchase our Programs, Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Websites, Programs, Products and Services and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collection agency or legal counsel, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collection agency.
CHARGEBACK THREATS, REVERSAL OF PAYMENT, PAYMENT CANCELLATIONS, AND ACTUAL CHARGEBACKS
Prior to purchasing any of our Programs, Products and Services, you have agreed to a no-refund policy and you agree that any type of chargeback threat, reversal of payment, payment cancellation, actual chargeback or claim from your credit card company, PayPal, financial institution, or any other payment service will constitute a breach of these Terms of Use on your part.
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
YOUR INFORMATION AND THE PAYMENT COMPANY
All information obtained during your purchase or transaction for our Programs, Products and Services and Program Materials, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.
You also acknowledge and agree that we have no responsibility or liability for policies of third-party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company. For more information, we encourage you to visit the website of the payment processing company and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Websites or Membership Site.
ASSUMPTION OF RISK
You agree that you are using your own judgement in using our Websites, Programs, Products and Services and Program Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Websites, Programs, Products and Services and Program Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Websites, Programs, Products and Services and Program Materials.
DISCLAIMER
The purpose of our Content is solely to provide educational information to those wishing to view it. Any Content on our Websites, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, protections, or gains through use of our Websites or products contained therein, whether medical or otherwise, nor are we making any guarantees regarding the impact on your health, or any results stemming therefrom. You understand and agree to this and acknowledge that your use of any information contained herein is purely voluntary, and at your own risk.
You understand and agree that our Websites, Products, Programs, and Services produced are not to be relied upon in any way as medical advice. Nothing on our Websites, in our products, nor anything distributed via email is intended to take the place of professional medical advice received via a consultation with a local healthcare provider, or other expert regarding the details of your specific health concerns or situation. You are encouraged to consult with your own healthcare professionals for any questions you may have regarding your particular health concern or situation regarding medical questions, or any similar professional that may address your own individual situation.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, product, service participant or user, including you.
Your decision to visit our Websites, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your health resulting from direct or indirect use of materials or content contained on our Website. You agree to us harmless from any damages directly or indirectly resulting from your use of content or products on our Websites or distributed through email and agree you will not make any claims against the Company herein.
LEGAL DISCLAIMER
While the Company’s Director, Tara Guzzo, is a naturopathic doctor and registered acupuncturist in Ontario, the information contained herein on our Websites and via our products is not intended as a substitute for medical advice that should be provided by your own healthcare provider(s) regarding your own personal health. You should always seek medical advice to discuss any specific circumstances related to your health. You agree that the information on our Websites and/or sent via email is not medical advice. Our Websites are not a medical practice or clinic, and do not engage in the practice of offering medical advice or treating people online who are not patients.
By using our Websites, and/or purchasing any material from our Websites, you agree and understand that a healthcare provider-patient relationship has not been formed between you and Tara Guzzo, and Tara Guzzo does not legally treat you. The content found on our Websites, Programs, Products, and Services constitutes medical information, not medical advice, and is not intended to take the place of a personal consultation between you and a local healthcare provider in your province, state or country.
You agree to hold Tara Guzzo and the Company harmless should any information contained on our Websites, Programs, Products, and Services prove inaccurate in your province, state or country, or otherwise unhelpful to your personal health concerns or situation, and understand our disclaimers herein.
TECHNOLOGY DISCLAIMER
By using our Websites, you understand and agree we make no guarantees or warranties regarding the condition of our Websites, Programs, Products, and Services including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.
We will make every effort to make our Websites Programs, Products, and Services available to you at all times; however, from time to time they may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your health, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Websites, Programs, Products, and Services. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Websites, Programs, Products, and Services, and you agree to simply at a later date to confirm when it has been re-launched.
We may also make the unilateral decision to change or discontinue all or part of our Websites, Programs, Products, and Services, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. Our Websites, membership site, and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Websites, Programs, Products, and Services, or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your health or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.
WARRANTIES DISCLAIMER
We make no warranties as to our Websites, Programs, Products and Services. You agree that our Websites, Programs, Products and Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant in law and in equity, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Websites, Programs, Products and Services will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Websites, Program, Product or Services, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Websites, Programs, Products and Services. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
FORCE MAJEURE
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, pandemics, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
EXTERNAL WEBSITE LINKS
We may provide external website links maintained by third parties that may take you outside of our Websites, Programs, Products and Services. These links are provided for your convenience and the inclusion of any link in our Programs, Products and Services to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs, Products and Services. We have no control over those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
By purchasing and/or using our Websites. Programs, Products and Services and Program Materials in any way or for any reason, you also implicitly agree to our full disclaimer which is contained in these Terms of Use, and which may be found on our website.
INDEMNIFICATION
You agree at all times to defend, fully indemnify and hold us harmless and any affiliates, agents, joint venture partners, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Websites or membership site, as well as any third party claims of any kind (including laywer’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Websites, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control and agree to release us of any and all claims arising therefrom.
Should you choose to utilize information offered on our Websites, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Websites, or from products purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Websites written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Websites or membership site.
LIMITATION OF LIABILITY
You understand and agree that the information offered via our Websites is general information that may not be suitable for all levels of health, locations, countries, or persons in specific situations. You understand that your decision to use any information contained herein is purely voluntary, and agree to consult with your own local professional should you have any specific questions pertaining to the applicability of the information to your specific health or personal situation. Should you choose to purchase our Products, Programs, and Services you understand and agree that we have no way of knowing it’s specific applicability to you, and you agree and understand you will hold us harmless from any direct or indirect damages or harm as a result of choosing to utilize Content found on or purchased from our Websites. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your medical care, health situation, legal protection, income or finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.
You understand and agree that we will not to be held liable for any type of direct or indirect damages arising out of your use of our Websites, any information contained herein, or any Programs, Products or Services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your health, nor any computer failure, computer virus obtained by use of our Websites, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
You also understand and agree that the Company, our Websites, Programs, Products and Services make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Websites, the content herein, content distributed through email lists, social media, via webinars, videoconferences, or that which is made available through purchase. By use of our Websites or membership site, all users agree and understand that use of content and information found herein is to be used at his/her own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
We will not be held responsible or liable in any way for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Programs, Products and Services or in any way. In the event that you use our Programs, Products and Services or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
RELEASE OF CLAIMS
You also agree that under no circumstances will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages resulting or claiming to result from any use of or reliance on our Websites, our Programs, Products and Services, and you hereby release us from any and all such claims whether known now or discovered in the future; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest.
PRIVACY POLICY
Our Privacy Policy forms part of these Terms of Use and may be found here: https://drtarand.ca/privacy-policy/
TERMINATION
You agree and understand we have the right to refuse or immediately terminate your access to our Websites at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.
DISPUTE RESOLUTION
Should any differences arise, it is hope we will be able to resolve them by email and/or phone.
However, should we be unable to attain resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, selected by us.
By purchasing our Programs, Products and Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us.
These Terms and Conditions shall be governed by the laws of the Province of Ontario. You also agree that should arbitration take place, it will be held in the City of Sault Ste. Marie, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
Nothing on our Websites nor any communications between us is to be construed as a waiver of any of the above, nor shall the Company be deemed to have waived any portion of these Terms and Conditions absent express, written information by us expressly stating otherwise.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Websites, Programs, Products and Services or Program Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
GOVERNING LAW
These Terms of Use and all contracts and agreements between us shall be interpreted and applied according to the laws and regulations of the province of Ontario and Canada.
SURVIVAL
These Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, and release of claims will survive the termination of our agreement by either you or by us.
ENTIRE AGREEMENT
These Terms of Use supersede all prior representations, arrangements, negotiations, understandings and agreements between you and us, both written and oral, relating to the Websites, Programs, Products and Services which you have purchased from us, and sets forth the entire complete and exclusive agreement and understanding between us. Further neither of us has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in these Terms of Use.
SEVERABILITY
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
TIME
Time shall be of the essence in all respects of the Agreement.
HOW TO CONTACT US
Whenever these Terms of Use state that you are to contact us in writing, we ask that you send an email to hello@drtarand.ca. Should you have any questions with respect to any of the foregoing, please contact us at the above email address.
Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time without notice to you. By purchasing or using any of our digital Websites, Programs, Products and Services, now or in the future, you are agreeing immediately upon said purchase to the Terms of Use as they appear, and agree that you are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Websites, Programs, Products and Services.
The websites www.drtaraND.ca, www.inversahealth.com, www.taraguzzo.com, www.inversahealth.ca, and inversahealth.practicebetter.io (hereinafter “Websites”) and any content therein (defined below) is owned and operated by InVersa Health Inc. (hereinafter “we” “us” “our” “company”).
“Agreement” or “contract” means all of: The documents which you and the Company have signed and the Credit Card Authorization Form you have signed.
“Client” or “you” means any purchaser, client and/or user of any of our Programs, Products and Services.
“Programs, Products, and Services” mean any paid program or service, group course or program including but not limited to a mastermind, group program, coaching, template, downloadable information product, webinar, e-book, or other service or course where we provide content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Programs, Products, and Services may be delivered in ways including but not limited to in-person, phone, video conference, webinars, social media live video, teleconference, videos, audios, books, e-books, products, social media, blog articles, or otherwise.
“Terms of Use” includes this document and all the standard provisions that form part of every contract we enter into with each purchaser, client and user (including you) of any of our Websites, Programs, Products, and Services, as amended from time to time by us in our sole discretion, without notice to you.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Program Materials or any other information accessed or purchased through our Websites, Programs, Products, and Services for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
Please read all Terms & Conditions before using our Website – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them.
The use of our Website and all of our Programs, Products and Services are intended solely for Ontario residents who have reached the age of majority, 18 years of age. Any registration by, use of, or access to any Programs, Products and Services and Program Materials by anyone who is younger than the relevant age of majority is unauthorized, unlicensed and violates these Terms of Use. By purchasing or using any Programs, Products and Services and Program Materials, you represent and warrant that you are an Ontario resident who has reached the age of majority of this Province in which you are resident.
Please note these Terms & Conditions may be subject to changes or updates at any time, and Website may not provide notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether, or not you have read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the Content that appears thereon.
If you purchase or have purchased a service or product(s) from us, you have also entered into a separate agreement with us, in addition to these Terms and Conditions, and are subject to the terms outlined in the Terms of Use, which shall prevail in the event of a conflict or issue. Please note all online purchases carry additional Terms of Use relating to each transaction, and your purchase of the product constituting acceptance and agreement to adhere to these additional Terms of Use.
By purchasing or using any of our Programs, Products and Services, you agree to abide by these Terms of Use and the Contract you have signed, and you acknowledge and agree that you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products and Services, in any manner, constitutes and is evidence of your use of them, and your agreement to be bound by these Terms of Use.
Intellectual Property Rights
This website contains original work that has been created with dedication, care, detail, planning, and creative thinking, as well as professional analysis, evaluation, and opinions. This collection of work is considered intellectual property created and owned by InVersa Health Inc., which is protected under Federal Intellectual Property Laws, which prevents unauthorized use of our materials. These materials include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Websites and within the content provided, including but not limited to website design, framing, taglines, meta tags, layout, photographs, graphics, words, content, information, materials, documents, data, our logo, artwork, colour scheme, branding and/or placement of same on our Websites, to the extent protectable, rights of publicity, and any and all other information accessible through our Websites, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
You understand and acknowledge you will be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on our Websites, without our express written consent. If such behavior is discovered or suspected, we reserve the right to immediately revoke your access to our Websites, as well as any program or materials you may have purchased, without refund, and reserve the right to prosecute any actionable.
LICENSEE/LICENSOR RIGHTS: OUR LIMITED LICENSE TO YOU
Your ability to view content on our Websites grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase templates from our Websites, you will also be granted a limited license to use the products on your website, and in the course and scope of your business, as outlined in the Terms of Use associated with each product available for purchase.
As a licensee, you understand and agree that you will not:
• Copy, edit, distribute, duplicate or steal any information on our Website, or any Content therein, including that which has been posted by a third party, whether or not you have purchased the information.
• Use, post, distribute, copy, steal or otherwise use any portion of our Website, including content or products, without our express, written permission provided by the Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against you.
• Hold any of our Content or products out to be your own and understand that doing so constitutes stealing and is a violation of our intellectual property rights.
• Share purchased materials with others who have not purchased them.
• Use any portion of our Website, including all Content and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.
Content you purchase may be edited as instructed, in order to properly personalize them for your use, and may be shared in accordance with guidelines outlined in the Terms of Use; however, you understand that your purchase of our products grants you a limited license to use the products you purchased for your own personal use, not for commercial gain or to be distributed to anyone else.
If you violate this license by giving or selling a copy of our content to anyone, or if you imply that anyone who gets access to our content has the right to use it for his/her/its commercial purposes, we reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our product(s) permanently.
You further acknowledge and understand that any such actions including but not limited to those outlined above constitutes infringement and/or theft of our work, and a violation of these Terms and Conditions and Canadian Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.
Any requests for written permission to use any content posted on our Websites shall be made before you wish to use any such content, and may be made by sending an email with your written request to the email listed at the end of these terms, and wait for a response.
LICENSEE/LICENSOR RIGHTS: YOUR LICENSE TO US
You may be able to post your original content to our Websites, including but not limited to blog comments, testimonials, or photos. You may also have the opportunity to respond to generated emails with comments or feedback, comment on a social media live stream, program forums, webinar, or any other medium where content is distributed in a manner that allows for participation or feedback. By posting any sort of information, you represent you are the owner of anything you post, and are at least 18 years of age.
When you submit or post any such information, you also agree and understand that you are assigning and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or otherwise publicly disseminate any information or content you post, in whole or in part, with or without identifying you as the author of the original post or comment. If we so choose to identify you, you also grant us the right to identify you as the author of any comments, posts, or the like by name, email address, screen name, or any other reasonable manner of identification.
You agree you are wholly assigning any intellectual property ownership rights to us by your action and decision to post on our Websites, or otherwise provide us with content, with access to our Websites constituting good and valuable consideration in exchange for these intellectual property rights. You understand that should any of your comments or posts be used, in whole or in part, you are not entitled to any payment and will not request any form of payment or favourable treatment in return.
TESTIMONIALS
Our Websites may feature testimonials from clients from time to time, in order to provide readers with additional comments from others’ experiences with our website and products. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial on our Websites, you do not expect the same results, and understand this information is not a guarantee.
These Terms & Conditions are the intellectual property of the Company and may not be used without express, written consent from the Company. Use of this document without permission will constitute copyright infringement and may be prosecuted to the full extent of the law.
YOUR CONDUCT
Should you choose to post anything on our Websites, program forums, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyberbullying, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
You may use our Websites for lawful purposes only, and agree you will not post, comment, or otherwise transmit any content which infringes the rights of another, and agree to hold us harmless should you do so. You also agree and understand you are not to post any content which would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether content you post is objectionable and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action, based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you, as a result of something you posted on our Websites, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.
USE OF FREE MATERIALS AND CONTENT
From time to time, you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide us credit, and will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.
INFORMATION YOU PROVIDE
In order to gain access to our email list or membership site, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products, you will also be required to submit payment information and a billing address, and be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.
You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through our Websites to the Company, or via the membership site, will be accurate and current, and belong to you alone. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own. Should you choose to impersonate another, you understand this may constitute a legal violation and understand and agree you will be financially responsible for any consequences therein and agree to hold us harmless from any resulting legal action.
You also agree that you are to remain financially responsible for any purchases made through our Websites by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Websites.
ONLINE PURCHASES
AUTHORIZATION AND PERMISSION
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Programs, Products and Services and Program Materials, without any additional authorization, for which you will receive an electronic receipt.
You agree to only purchase our Programs, Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Websites, Programs, Products and Services and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collection agency or legal counsel, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collection agency.
CHARGEBACK THREATS, REVERSAL OF PAYMENT, PAYMENT CANCELLATIONS, AND ACTUAL CHARGEBACKS
Prior to purchasing any of our Programs, Products and Services, you have agreed to a no-refund policy and you agree that any type of chargeback threat, reversal of payment, payment cancellation, actual chargeback or claim from your credit card company, PayPal, financial institution, or any other payment service will constitute a breach of these Terms of Use on your part.
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
YOUR INFORMATION AND THE PAYMENT COMPANY
All information obtained during your purchase or transaction for our Programs, Products and Services and Program Materials, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.
You also acknowledge and agree that we have no responsibility or liability for policies of third-party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company. For more information, we encourage you to visit the website of the payment processing company and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Websites or Membership Site.
ASSUMPTION OF RISK
You agree that you are using your own judgement in using our Websites, Programs, Products and Services and Program Materials, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Websites, Programs, Products and Services and Program Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Websites, Programs, Products and Services and Program Materials.
DISCLAIMER
The purpose of our Content is solely to provide educational information to those wishing to view it. Any Content on our Websites, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, protections, or gains through use of our Websites or products contained therein, whether medical or otherwise, nor are we making any guarantees regarding the impact on your health, or any results stemming therefrom. You understand and agree to this and acknowledge that your use of any information contained herein is purely voluntary, and at your own risk.
You understand and agree that our Websites, Products, Programs, and Services produced are not to be relied upon in any way as medical advice. Nothing on our Websites, in our products, nor anything distributed via email is intended to take the place of professional medical advice received via a consultation with a local healthcare provider, or other expert regarding the details of your specific health concerns or situation. You are encouraged to consult with your own healthcare professionals for any questions you may have regarding your particular health concern or situation regarding medical questions, or any similar professional that may address your own individual situation.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products and Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other program, product, service participant or user, including you.
Your decision to visit our Websites, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your health resulting from direct or indirect use of materials or content contained on our Website. You agree to us harmless from any damages directly or indirectly resulting from your use of content or products on our Websites or distributed through email and agree you will not make any claims against the Company herein.
LEGAL DISCLAIMER
While the Company’s Director, Tara Guzzo, is a naturopathic doctor and registered acupuncturist in Ontario, the information contained herein on our Websites and via our products is not intended as a substitute for medical advice that should be provided by your own healthcare provider(s) regarding your own personal health. You should always seek medical advice to discuss any specific circumstances related to your health. You agree that the information on our Websites and/or sent via email is not medical advice. Our Websites are not a medical practice or clinic, and do not engage in the practice of offering medical advice or treating people online who are not patients.
By using our Websites, and/or purchasing any material from our Websites, you agree and understand that a healthcare provider-patient relationship has not been formed between you and Tara Guzzo, and Tara Guzzo does not legally treat you. The content found on our Websites, Programs, Products, and Services constitutes medical information, not medical advice, and is not intended to take the place of a personal consultation between you and a local healthcare provider in your province, state or country.
You agree to hold Tara Guzzo and the Company harmless should any information contained on our Websites, Programs, Products, and Services prove inaccurate in your province, state or country, or otherwise unhelpful to your personal health concerns or situation, and understand our disclaimers herein.
TECHNOLOGY DISCLAIMER
By using our Websites, you understand and agree we make no guarantees or warranties regarding the condition of our Websites, Programs, Products, and Services including functionality, existence of viruses or other components that may harm users’ computers, uninterrupted use, constant access and availability, and the like.
We will make every effort to make our Websites Programs, Products, and Services available to you at all times; however, from time to time they may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason, known or unknown to you, and you agree and understand that this may occur without explanation. Should this occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your health, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our Websites, Programs, Products, and Services. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to you to continue running our Websites, Programs, Products, and Services, and you agree to simply at a later date to confirm when it has been re-launched.
We may also make the unilateral decision to change or discontinue all or part of our Websites, Programs, Products, and Services, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. Our Websites, membership site, and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Websites, Programs, Products, and Services, or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your health or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.
WARRANTIES DISCLAIMER
We make no warranties as to our Websites, Programs, Products and Services. You agree that our Websites, Programs, Products and Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant in law and in equity, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Websites, Programs, Products and Services will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Websites, Program, Product or Services, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Websites, Programs, Products and Services. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
FORCE MAJEURE
We shall not be liable for any loss, damage or delay in fulfilling our obligations pursuant to this Agreement caused by or resulting from conditions or causes beyond our reasonable control including but not limited to power outages, pandemics, riots, fire, flood, explosion, governmental controls or regulations, civil insurrections, acts of terrorism, civil or military authority, and inability to obtain necessary supplies and materials or perform our obligations due to such causes.
EXTERNAL WEBSITE LINKS
We may provide external website links maintained by third parties that may take you outside of our Websites, Programs, Products and Services. These links are provided for your convenience and the inclusion of any link in our Programs, Products and Services to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs, Products and Services. We have no control over those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
By purchasing and/or using our Websites. Programs, Products and Services and Program Materials in any way or for any reason, you also implicitly agree to our full disclaimer which is contained in these Terms of Use, and which may be found on our website.
INDEMNIFICATION
You agree at all times to defend, fully indemnify and hold us harmless and any affiliates, agents, joint venture partners, team members or other party associated with us from any causes of action, damages, losses, costs, expenses incurred as a result of your use of our Websites or membership site, as well as any third party claims of any kind (including laywer’s fees) arising from your actions in relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge.
We will attempt to monitor comments and posts made by third parties and users as often as possible. Should you, as a user of our Websites, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control and agree to release us of any and all claims arising therefrom.
Should you choose to utilize information offered on our Websites, whether free or for purchase, you understand that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Websites, or from products purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Websites written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Websites or membership site.
LIMITATION OF LIABILITY
You understand and agree that the information offered via our Websites is general information that may not be suitable for all levels of health, locations, countries, or persons in specific situations. You understand that your decision to use any information contained herein is purely voluntary, and agree to consult with your own local professional should you have any specific questions pertaining to the applicability of the information to your specific health or personal situation. Should you choose to purchase our Products, Programs, and Services you understand and agree that we have no way of knowing it’s specific applicability to you, and you agree and understand you will hold us harmless from any direct or indirect damages or harm as a result of choosing to utilize Content found on or purchased from our Websites. We are not responsible for any result stemming from your decision to use information provided by us, nor are we responsible for your medical care, health situation, legal protection, income or finances, earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such damages or losses incurring therefrom.
You understand and agree that we will not to be held liable for any type of direct or indirect damages arising out of your use of our Websites, any information contained herein, or any Programs, Products or Services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your health, nor any computer failure, computer virus obtained by use of our Websites, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
You also understand and agree that the Company, our Websites, Programs, Products and Services make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of our Websites, the content herein, content distributed through email lists, social media, via webinars, videoconferences, or that which is made available through purchase. By use of our Websites or membership site, all users agree and understand that use of content and information found herein is to be used at his/her own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
We will not be held responsible or liable in any way for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is engaged in producing or rendering our Programs, Products and Services or in any way. In the event that you use our Programs, Products and Services or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
RELEASE OF CLAIMS
You also agree that under no circumstances will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages resulting or claiming to result from any use of or reliance on our Websites, our Programs, Products and Services, and you hereby release us from any and all such claims whether known now or discovered in the future; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest.
PRIVACY POLICY
Our Privacy Policy forms part of these Terms of Use and may be found here: https://drtarand.ca/privacy-policy/
TERMINATION
You agree and understand we have the right to refuse or immediately terminate your access to our Websites at any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.
DISPUTE RESOLUTION
Should any differences arise, it is hope we will be able to resolve them by email and/or phone.
However, should we be unable to attain resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, selected by us.
By purchasing our Programs, Products and Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your email referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action against us.
These Terms and Conditions shall be governed by the laws of the Province of Ontario. You also agree that should arbitration take place, it will be held in the City of Sault Ste. Marie, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
Nothing on our Websites nor any communications between us is to be construed as a waiver of any of the above, nor shall the Company be deemed to have waived any portion of these Terms and Conditions absent express, written information by us expressly stating otherwise.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or any of our Websites, Programs, Products and Services or Program Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
GOVERNING LAW
These Terms of Use and all contracts and agreements between us shall be interpreted and applied according to the laws and regulations of the province of Ontario and Canada.
SURVIVAL
These Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, and release of claims will survive the termination of our agreement by either you or by us.
ENTIRE AGREEMENT
These Terms of Use supersede all prior representations, arrangements, negotiations, understandings and agreements between you and us, both written and oral, relating to the Websites, Programs, Products and Services which you have purchased from us, and sets forth the entire complete and exclusive agreement and understanding between us. Further neither of us has relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in these Terms of Use.
SEVERABILITY
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.
TIME
Time shall be of the essence in all respects of the Agreement.
HOW TO CONTACT US
Whenever these Terms of Use state that you are to contact us in writing, we ask that you send an email to hello@drtarand.ca. Should you have any questions with respect to any of the foregoing, please contact us at the above email address.
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