Terms and Conditions of Use

Spread the love

Welcome to our website (https://pelvicresilience.ca)! We are pleased to provide informational and educational services at this website in accordance with these terms and conditions of use (“conditions of use”). This website is owned and managed by Pelvic Resilience (“Pelvic Resilience”, “Lara Desrosiers”, “us,” “our,” or “we”). By using this website, you agree to the conditions of use and the privacy policy. If you do not agree, do not use this website. Please read it carefully.

TERMS & CONDITIONS OF USE
1. ACCEPTANCE & AGREEMENT TO BE BOUND.
By using this website, you agree to allow Pelvic Resilience to collect, use, and
disclose your information under the terms explained in the privacy policy. Pelvic Resilience  may change these conditions of use without notice, and your continued use of the website signifies that you agree to be bound by any changes.
These conditions of use govern your access to and use of the websites, products, data, services, and content provided to you on, from, or through this website, any of our software, and any applications created by Pelvic Resilience whether available through a social networking site or its subsidiaries or affiliated companies (the “Service”). By accessing or using the Service, you agree to be bound by these conditions of use and the privacy policy. You may use the Service only if you can form a binding contract with us, and only in compliance with these conditions of use, as well as all applicable local, provincial, national, and international laws, rules and regulations.

2. THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.
This website’s content is provided for informational and educational purposes only. This includes the entirety of the website (including text, images, videos, and blogs), Pelvic Resilience social media (as it is defined in this website’s privacy policy), and any information obtained from Pelvic Resilience licensors or third-parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Service. This information is collectively referred to as the website’s “Content.”

Nothing on this website constitutes medical advice.
If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. In case of medical emergency, you should call 911 immediately. This website does not create or constitute a provider-patient relationship between you and Pelvic Resilience. By using this website, you explicitly acknowledge that you understand your use of this website does not create a provider-patient relationship between you and Pelvic Resilience. Your use does not create any duty for Pelvic Resilience to follow up with you about any medical condition, diagnosis, or treatment.

This website does not provide occupational therapy services.
Nothing on this website, in the Content, or in the Service is intended to and does not constitute the practice of occupational therapy. The website, the Content, and the Service are for educational purposes only based upon Pelvic Resilience’s proficiency in, knowledge of, and experience with the subject matter of the website, the Content, and the Service.

3. DO NOT PROVIDE PROTECTED HEALTH INFORMATION TO US.
Although Pelvic Resilience takes the confidentiality of its visitors and clients seriously as described in the privacy policy, Pelvic Resilience’s activities as it relates to this website, the Content, and the Service do not comply with the Personal Health Information Protection Act (PHIPA).
Do not use, provide, transmit, store, or disclose any health information that constitutes personal health information (“PHI”) through this website. Pelvic Resilience accepts no affirmative duty to learn whether you provide, transmit, store, or disclose PHI while using this website, the Content, or the Service but if Pelvic Resilience has actual knowledge that you are using, providing, transmitting, storing, or disclosing PHI it may revoke your access to the website, the Content and the Service. If you use, provide, transmit, store, or disclose PHI in connection with this website, the Content, or the Service, you agree to indemnify Pelvic Resilience against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorney fees and costs) arising out such use, provision, transmission, storage, or disclosure of PHI.

4. PERMITTED USE OF THE CONTENT.

The Site and Service contain intellectual property owned by Pelvic Resilience including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service.

Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Pelvic Resilience, Lara Desrosiers, and https://pelvicresilience.ca with appropriate and specific direction to the original content.

5. YOUR CONDUCT.
You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service. Pelvic Resilience reserves the right, but does not have the obligation, to monitor all conduct on the website.

6. THIS WEBSITE IS NOT INTENDED FOR CHILDREN.
This website is not intended or designed to attract children under the age of 18
Pelvic Resilience does not collect personally identifiable information from any person known by Pelvic Resilience to be a child under the age of 18. Should Pelvic Resilience inadvertently come to possess personally identifiable information about a child under the age of 18, Pelvic Resilience will not knowingly disclose contact information relating to a child under the age 18 to any third-party.

7. DISCLAIMER OF LIABILITY AND NO WARRANTY.
ALL INFORMATION IN THIS SITE IS PROVIDED ON AN “AS IS” BASIS.
PELVIC RESILIENCE MAKES NO REPRESENTATIONS, AND NO EXPRESS
OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT, OR
THE SERVICE, OR OTHERWISE REGARDING THIS WEBSITE OR ANY LINKED
WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, PELVIC RESILIENCE DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PELVIC RESILIENCE GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR THE CONTENT OR OF ANY LINKED WEBSITE.
By using this website, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this website and are not responsible for any errors or omissions in the information provided.
Pelvic Resilience is not responsible for visitors’ damage or loss. You agree that Pelvic Resilience is not responsible to you or others for any loss or damages that results from your use (or nonuse) of this website or any linked third-party
website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of this website or its contents. Pelvic Resilience is not by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.
You are responsible for all information you send through this website. This means that you agree not transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Pelvic Resilience may edit, delete, modify, or ban such information, and/or take necessary legal action.

9. LINKS TO THIRD-PARTY WEBSITES.
Pelvic Resilience may provide links to third-party websites:
This website occasionally provides links to third-party websites. By clicking on these links, you agree that Pelvic Resilience is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, Pelvic Resilience. By clicking on such links, you agree that Pelvic Resilience is not responsible for their content, regardless of whether your access is provided by Pelvic Resilience or by another third-party. Pelvic Resilience does not warrant the accuracy, timeliness, or suitability of the content of any third-party website. By providing a link to a third-party website, Pelvic Resilience does not endorse the products or services of that linked websites, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider, and not Pelvic Resilience.

Third-party websites may provide links to Pelvic Resilience:
Pelvic Resilience hereby grants third-party websites the limited right to link to its
website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.

10. SUBMISSIONS OF INFORMATION.
Do not send Pelvic Resilience any ideas, suggestions, materials, concepts, or other
information (collectively “Information”) relating to the website. If you violate this policy and do send Information to Pelvic Resilience, that Information will become Pelvic Resilience’s property. This means that Pelvic Resilience will have
unrestricted use of it for its personal and commercial purposes. You will not be compensated, and Pelvic Resilience will not be liable to you or any other provider of the Information.
If you send Information to Pelvic Resilience, you agree:
• to waive your rights in any Information;
• to warrant that it is original to you;
• that you have the right to submit it to Pelvic Resilience, and
• that you have no recourse against Pelvic Resilience for any alleged or actual
infringement or misappropriation of any proprietary right in any Information.
Pelvic Resilience is not obligated to maintain the confidence of any Information
submitted, and Pelvic Resilience disclaims any liability that may result from its
disclosure of any Information submitted in violation of its policy.
You further agree not to:
• Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
• Impose an unreasonably large amount of Information on this website or otherwise interfere with or inhibit any other user from using or enjoying this website;
• Transmit any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities, or other unsolicited commercial communications;
• Access, use, or copy any portion of the Content using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
• Impersonate another person, or allow any other person or entity to use your
identification for interacting on Pelvic Resilience’s social media, as defined in
its privacy policy.

11. INDEMNIFICATION OF PELVIC RESILIENCE FOR CLAIMS ARISING
FROM YOUR USE OF THE WEBSITE.
You agree to indemnify Pelvic Resilience against any damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney fees and costs) arising out of any third-party’s claims that relate to your use of this website.

12.OPERATION OF THE WEBSITE.
Pelvic Resilience makes all reasonable efforts to keep this website operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.
Pelvic Resilience, however, does not provide any assurance or warranty that:
• access will always be available;
• service will be uninterrupted;
• its operation will be error-free;
• defects will be corrected; or
• the servers that operate the website are free from viruses or other harmful
components.
You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.

13. PRIVACY AND SECURITY.
Pelvic Resilience makes every effort to comply with all applicable laws that concern the privacy of online communications. By using this website, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised. As a matter of prudence, you are urged to assume that all internet communications are insecure. To learn more about how Pelvic Resilience maintains the privacy and security of its website visitors, please read the privacy policy.

14. PROPRIETARY RIGHTS.
Pelvic Resilience’s website Content is protected by applicable copyrights, trademarks, service marks, patents, or by other proprietary rights and laws. By using the website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted in the privacy policy or these conditions of use is prohibited. Reproduction, replication, or redistribution for commercial purposes of any of the Content is prohibited.

15. HEALTH DISCLAIMER.
You agree that Pelvic Resilience is not responsible for any injuries that you sustain from participation in any of the activities depicted on the on the website or through the Content or the Service. You expressly waive any claim for any injury at any time against Pelvic Resilience, or any person or entity involved with Pelvic Resilience, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives. Your use of the website, the Content, and/or the Service evidences your understanding that physical exertion may result in physical or mental injury or risk of injury. You further agree that you are solely responsible to exercise within your limits.

YOU SHOULD SEEK THE ADVICE OF A PHYSICIAN PRIOR TO BEGINNING A
PHYSICAL EXERCISE REGIMEN. IF YOU FEEL FAINT, DIZZY, OR HAVE
PHYSCIAL DISCOMFORT, STOP IMMEDIEATELY, AND CONTACT YOUR
PHYSICIAN.

Pelvic Resilience may suggest a particular technique, use of equipment, pose, move, or instruction, but it is your sole responsibilities to ascertain if such technique, use of equipment, pose, move, or instruction is consistent with your ability and safe for you to do.

16. NO WARRANTY OR GUARANTEE OF OUTCOME.
Pelvic Resilience has made efforts to provide accurate information on the website, the Content, and in the Service. But any testimonial or example on the website or in the Content or the Service does not guarantee that you will receive similar results. Your results will depend on your background, effort, overall health, motivation, desire, and many other factors that are beyond the scope of the website, the Content, or the Service.

PELVIC RESILIENCE MAKES NO GUARANTEE AND NO WARRANTY
THAT YOU WILL HAVE ANY SPECIFIC RESULT.

17. INTELLECTUAL PROPERTY INFRINGEMENT.
Pelvic Resilience respects intellectual property rights. If you think that material that appears on our website is subject to copyright or trademark infringement, please provide us with following information: (1) The claimed infringement; (2) reasonably sufficient information to allow Pelvic Resilience to locate the claimed infringement on the website; (3) the owner or complaining parties contact information, including name, address, and email address; (4) the signature of the owner; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury,
that the information is accurate, and you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

18. NO ASSIGNMENT.
The conditions of use and licenses may not be transferred or assigned by you but may be assigned by us without restriction.

19. CONSENT FOR ELECTRONIC COMMUNICATIONS.
By providing Pelvic Resilience with your email address, you consent to receive
unencrypted an unsecured email communications form us. You agree that any notices, agreements, disclosures or other communications that Pelvic Resilience  provides to you by email satisfies any legal communication requirements.

20. APPLICABLE LAW AND ENFORCEMENT OF CONDITIONS OF USE.
The laws of the province of Ontario, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these conditions of use. If a website visitor takes legal action against us relating to the website privacy policy or these conditions of use, or relating to the visitor’s interactions with or relationship to Pelvic Resilience relating to this website, that visitor agrees to file such action only in the provincial and federal courts
located in the province of Ontario.
By using this website, you agree that:
• if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
• that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these conditions of use will remain in effect as written; and
• that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

No waiver of any of the privacy policy or these conditions of use shall be effective unless it is in writing and signed by an authorized representative of Pelvic Resilience. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use.

The privacy policy and these conditions of use constitute the entire agreement between you and Pelvic Resilience, as it relates to your use of this website. It does not create any relationship between you and Pelvic Resilience that is not contemplated in these policies.

22. AMENDMENTS AND MODIFICATIONS.
Pelvic Resilience may amend or update the privacy policies, these conditions of use, the Content or the Service at any time without prior notice. If you use this website after any changes, you agree to be bound by the changes.