TERMS OF USE

Welcome to the MindFit website (the “Website”). Please carefully review the following terms of use (“Terms of Use”) concerning your use of this Website. By using this Website, you agree to these Terms of Use and agree to the terms of the MindFit online Privacy Policy. MindFit reserves the right to change these Terms of Use from time to time at its sole discretion. These Terms of Use apply to all visits to this Website, both now and in the future. These Terms of Use represent the entire understanding relating to the use of this Website, and prevail over any prior or contemporaneous, conflicting or additional, communications.

Use of Website

By contacting MindFit through this Website, you will be providing MindFit with personal information about yourself. You authorize MindFit to collect and use all information provided by you in connection with your use of this Website, in order to administer, maintain and improve its function. Your personal information may be disclosed to agents and/or third-party service providers of MindFit that are responsible for the administration and maintenance of this Website. For additional information regarding our collection, retention and use of your information, please see our privacy policy.

The contents of this Website are not intended to replace or substitute the advice of a physician, psychologist, or other qualified healthcare professional. You should speak with your physician, psychologist or other qualified healthcare professional for information regarding health-related questions. Absolutely no information contained or accessible through this Website should be construed as taking the place of your psychologist’s, physician’s, or other healthcare professional’s advice. MindFit is not responsible for any reliance or decisions made by you based on the information available on or through this Website.

DO NOT USE THIS INFORMATION TO DIAGNOSE OR TREAT A MEDICAL CONDITION OR HEALTH PROBLEM. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THIS WEBSITE.

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

Non-Personal Information

All material available through this Website including, but not limited to, pictures, designs, logos, text, names, trade names, product and clinical information (collectively, the “Content”) and all intellectual property rights therein, are owned, controlled, or licensed by MindFit or other individuals or organizations and are protected by worldwide intellectual property laws. You may use Content for your personal use for non-commercial purposes but no modification or further reproduction of Content is permitted. The Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances without the express written permission of MindFit or the respective owner of such Content, as applicable. All other rights reserved. Except as expressly provided above, nothing contained herein shall be construed as conferring upon you any license or right in the Content.

Names, trade names, trade dress, logos and products of MindFit are protected by trademark laws and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by MindFit, except with the express written permission of MindFit. Other product, service and company names mentioned on this Website are for identification purposes only and may be trademarks of their respective owners.

Copyright

Except where otherwise specified, the contents of this Website are copyright (c) MindFit. All rights reserved. The contents of this Website are subject to protection under Canadian and foreign copyright laws. You may not copy or distribute any portion of this Website, except as necessary to view this Website.

Links to Third-Party Sites

This Website may provide links to third-party websites for your convenience and information. MindFit does not endorse any third-party websites, nor does the inclusion of any link imply any such endorsement. If you access those links, you will leave this Website. MindFit is not responsible for webcasting or any other form of transmission received from any third-party sites. MindFit does not control those sites and MindFit is not responsible for the contents of any third-party sites, any links contained in third-party sites, any changes or updates to third-party sites, or their privacy practices, which may differ from those of MindFit. The personal data you may choose to give to such third-party websites is not covered by the privacy policies of MindFit. MindFit encourages you to review the privacy policy of any company before submitting your personal information. Some third-party companies may choose to share their personal data with MindFit, in which case such data sharing shall be governed by that third party’s privacy policy.

Restrictions

While using this Website, you agree not to: (i) interfere with other users’ use of this Website; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate or misrepresent your affiliation with any person or entity; (v) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.

MindFit reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of this Website, including without limitation, taking legal action, or suspending or terminating your access without notice.

Disclaimer of Warranties

THIS WEBSITE, INCLUDING ANY PERSONAL INFORMATION ACCESSED THROUGH THIS WEBSITE, OR ANY OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS WEBSITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDFIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

MINDFIT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY PERSONAL INFORMATION OR ANY OTHER CONTENT ACCESSED THROUGH THIS WEBSITE. INFORMATION THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS.

MINDFIT MAKES NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THESE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOUR USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR VERIFYING ANY PERSONAL INFORMATION OR OTHER CONTENT BEFORE RELYING ON IT. FOR GREATER CERTAINTY, YOU AGREE THAT ALL RISK ASSOCIATED WITH THE USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THIS WEBSITE, RESTS WITH YOU. YOU FURTHER AGREE THAT MINDFIT WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY PERSONAL INFORMATION OR CONTENT OF THIS WEBSITE.

No Liability

IN NO EVENT WILL MINDFIT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, THE CONTENT OF THIS WEBSITE OR THE PERSONAL INFORMATION ACCESSIBLE ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINDFIT OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DESIGN MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE PERSONAL INFORMATION ACCESSIBLE OR CONTENT PROVIDED THROUGH THIS WEBSITE.

Indemnification

You agree to defend, indemnify and hold harmless MindFit, its affiliates, officers, directors, employees, agents, representatives and service providers, including all third parties mentioned on any of this Website, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms of Use; (b) your access to, use of or reliance upon this Website, your personal information that is accessible through this Website, or the Content of this Website; or (c) your infringement of any intellectual property or privacy rights of any person.

Miscellaneous

This Website are owned and operated by MindFit and administered by its third-party service providers. These terms and conditions contained herein represent the entire agreement between MindFit and you. By using this Website, you agree that any disputes arising from your use of this Website shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada.

The section titles are for convenience only and have no legal or contractual effect.If you have any questions about these Terms of Use, please contact MindFit at: (647) 905-MIND or (647) 905-6463. You can also contact MindFit by email at: info@mindfit.ca