Terms and Conditions

torontobodymind.ca (the “Site”)

Guiding Principles

Members will treat others with respect and dignity, and will exercise patience and tolerance toward others.

Members will endeavour to be positive and healthy contributors to the Toronto Body Mind (TBM) community.

Establishment and Use of Account

When you complete the registration process, an Account is established for you and you become a Member of TBM. You are required to provide TBM with accurate and complete registration information, and to update such information promptly when it changes. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your membership.

You may not use the name of another person as your user name intending to impersonate that person, or use any name as your user name that is subject to another person’s rights unless you have required authorization. TBM reserves the right to refuse registration of a user name, or cancel its use, in its discretion.

You are responsible for maintaining the confidentiality of your user name and password, and are solely responsible for all activity using your Account. You agree to indemnify and hold TBM harmless for any improper or illegal use of your Account.

Access to Services

TBM may offer to provide certain Services, which you may select through the process provided on the Site. Such Services are made available solely for your own personal use. Services include, but are not limited to, the offering of any content on the Site.

TBM reserves the right to change any information, features and functions of the Services without prior notice. TBM may change, suspend or discontinue any or all Services at any time, including the availability of any feature, database, or content. TBM may also impose limits on certain features and Services or restrict access to parts or all of the Services without notice or liability.

You are responsible for obtaining and maintaining modems, hardware, software, internet service and long distance or local telephone service and any other equipment or services needed to connect to or access the Site or otherwise use the Services.

Restrictions on Use

You are permitted to access and use the Site and Services only for your own personal use. Without limitation, you are not permitted to allow any other person to use your Account or password to access the Site or Services. 

You may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content or other information on the Site. You may not market, rent, lease, license or re-license any content, or use any content for commercial purposes.

Your use or access of the Site does not grant you any rights in or to any intellectual property. You agree to abide by all copyright notices, information, and restrictions contained in any content on the Site. You agree not to store any of the content on the Site except to the extent expressly permitted. Downloading, copying or storing of any content is expressly prohibited without the prior written permission of the copyright holder identified in the content’s copyright notice.

You may not violate or attempt to violate any security features of the Site, including without limitation by:

(a)  accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; 
(b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; 
(c) interfering or attempting to interfere with service to any user, host, or network, including without limitation by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” 
(d) using the Site to send unsolicited e-mail, including without limitation promotions, or advertisements for products or services; 
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or 
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Site.

Any violation of system or network security may subject you to significant civil and/or criminal liability.

YOUR ACCOUNT IS SUBJECT TO SUSPENSION OR TERMINATION IF YOU ALLOW ANY OTHER PERSON TO ACCESS THE SITE OR SERVICES USING YOUR ACCOUNT OR PASSWORD OR OTHERWISE VIOLATE THESE TERMS OF USE.

Third Party Content and Links to Other Sites and Services

Content provided by Members and links to other websites and services are provided for your convenience only. You use such content and access such websites or services entirely at your own risk. TBM does not, expressly or by implication, endorse any such content, websites or services, and shall not be liable whatsoever for any loss or damage associated with your access or use of them.

Fees, Payment

Fees are payable for some of the Services. Your receipt of such Services will require that you designate a valid PayPal or credit card account to be billed by TBM for such fees. You acknowledge and agree that TBM is authorized to charge all fees relating to the Services you select, as described on the Site, to your designated credit card.

TBM reserves the right to revise its fees, including by increasing or adding new fees, at any time on 10 days’ notice. Such notice may be sent to you by email or posted on the Site. You agree that you are deemed to have received any such notice that is posted on the Site on the day it was posted. Your use of the Services after the 10 day period constitutes your acceptance of the revised fees. If you do not agree to the revised fees, you may cancel your account from the account administration page.

Continuous Service Membership: To ensure uninterrupted service, Services for which you have selected to have periodic fees charged are renewed automatically at the end of the period. You acknowledge and agree that TBM is authorized to charge fees for the renewal period to your PayPal account or the credit card on file. All Services are renewed at the rate in effect at the time of renewal. You may cancel at any time by contacting the TBM website administration using the Site contact form.

Consent to Receive Email

Your registration to use the Site and Services constitutes your consent to receive email communications from TBM, including messages regarding customer service issues and other matters. Your will only receive email for technical notifications and email regarding issues related to your Account and your use of the Site and Services.

Data Collection and Privacy

TBM collects certain personal information from its Members when they register as Members. This information is used only to administer and maintain the membership, and is not disclosed to third parties, other than service providers retained by TBM to assist it in providing and maintaining the Site and Services. By registering as a Member, you consent to such use.

Members may provide additional personal information in connection with the use of certain of the Services, such as the creation and publication of a directory profile or Member bio. By requesting a Service, you consent to the use and disclosure of your personal information for such purpose.

Ownership

The technology underlying, and content within, the Site and Services is owned by TBM and/or its licensors (including content providers) and is protected by copyright and other laws. As between you and TBM, TBM owns and retains all ownership of such technology and content, and reserves all rights not explicitly granted to you in this Agreement. All content is protected by applicable copyright and/or trademark laws, international conventions, and other laws. All rights reserved.

Indemnity

You will indemnify and hold TBM, its parents, subsidiaries, affiliates, officers and/or employees harmless, including by paying costs and attorneys' fees, from and against any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of these Terms of Use, or infringement of any intellectual property or other right of any person or entity.

Termination and Refund Policy

You may cancel your membership and any or all Services at any time from the account administration area (My account). To completely remove your account, please send a request to the site administration.

TBM may deny you access to all or any part of the Site or Services or terminate your Account without prior notice if you engage in any conduct or activities that TBM determines, in its sole discretion, violate these Terms of Use or the rights of TBM or any third party, or is otherwise inappropriate. Without limitation, TBM may deny you access to the Site or Services or terminate your Account if you do not follow the Guiding Principles set out above.

Upon termination of your Account, your right to use the Services and to access the Site and any content will immediately cease. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

All fees paid or accrued in connection with any Service are non-refundable. TBM will not prorate any fees paid for a Service that is terminated before the end of its term.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TBM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND REPERESENTATIVES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN SOLE RISK AND THAT THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TBM DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE SITE OR SERVICES. THE CONTENT AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

TBM DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL TBM OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (I) ANY AMOUNT IN EXCESS OF THE FEES YOU PAID FOR THE RELEVANT SERVICE; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE, ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE; (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (IV) ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA; (V) ANY LOSS OF DATA, INCLUDING WITHOUT LIMITATION LOSS OF ALL DATA DUE TO CATASTROPHIC SYSTEM FAILURE, OR (VI) ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS ON WHICH TBM MAKES THE SITE AND SERVICES AVAILABLE. YOU UNDERSTAND THAT THE SITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

General

These Terms of Use constitute the entire agreement between TBM and you with respect to use of the Site and Services, and supersede all prior communications and proposals, whether electronic, oral, or written, between TBM and you with respect thereto. If any part of these Terms of Use, including but not limited to the warranty disclaimers and liability limitations set forth above, is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of these Terms of Use shall continue in effect. If there is any conflict between these Terms of Use and any additional terms, conditions, and rules posted by TBM on the Site, TBM shall resolve the conflict in its sole discretion.

TBM may, from time to time, without notice, update or revise these Terms of Use. If TBM updates or revises these Terms of Use, TBM will notify you either by email to your most recently-provided e-mail address, or by posting the updated or revised Terms of Service on the Site. Your use of the Site or any of the Services following any such update or revision constitutes your agreement to follow and be bound by the updated or revised Terms of Use. You can view the most current Terms of Use at any time at http://torontobodymind.ca/terms-and-conditions. It is your responsibility to review the Terms of Use periodically.

The failure of TBM or you to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by TBM or you of any term or condition of these Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

TBM  shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

These Terms of Use are governed by and construed in accordance with the laws in force in the Province of Ontario, Canada, without regard to the conflict of laws provisions thereof. The courts of the Province of Ontario sitting in Toronto, Ontario have exclusive jurisdiction over any dispute arising out of these Terms of Use and/or or your access to or use of the Site or Services.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind TBM in any respect whatsoever.