Terms + Conditions

This Site, www.exploringwellness.ca (“Site”) is provided by Andrea Perchotte, the owner and operator (“Owner”) of this Site conditional on your acceptance of the terms and conditions of use set out below (“Terms and Conditions”). It states the terms and conditions under which you may access and use this Site and all written and other materials displayed or made available through this Site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content” or “Contents”). The Owner authorizes you to access and use this Site for your personal noncommercial use. By accessing, reading and making use of this Site, you agree, on your own behalf and on behalf of any entity on whose behalf you may be acting, to be bound by the Terms and Conditions. You acknowledge and agree that your use of or reliance on this Site or the Contents shall be at your sole risk and liability. If you do not wish to be bound by the Terms and Conditions, you should not use this Site.

Indemnity

You agree to indemnify, defend, and hold harmless the Owner and its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from (i) your breach of any of the terms and conditions of these Terms and Conditions; (ii) your access to, use, misuse, reliance upon, or inability to access or use this Site, the Content, or any Site to which this Site is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from this Site.

Changes to terms and conditions

The Owner may add to or remove, modify or otherwise change any part of the Terms and Conditions at any time. Changes will be effective when the changed Terms and Conditions are posted on this Site. You should check the Terms and Conditions frequently for changes by checking the date this page was last updated, at the bottom of this page. If any change to the Terms and Conditions is not acceptable to you, you should discontinue your use of this Site immediately. Your continued use of this Site after changes to the Terms and Conditions are posted thereon will constitute acceptance of the changes.

Changes to this site

The Owner reserves the right to terminate, change, suspend or discontinue any aspect of this Site temporarily or permanently at any time without notice. Without limiting the generality of the foregoing, the Owner may change the availability of any features, institute new, or change existing, fees or charges for the use of this Site or any features thereof, add, remove, modify or otherwise change any Contents on this Site, impose limits on certain features or restrict access to parts or all of this Site. The Owner reserves the right, but not the duty, to correct any errors or omissions in any portion of this Site at any time without notice.

Ownership and usage

Copyright: All text, images, audio or visual recordings or web code (“Works”) on this Site and in all publications of the Owner are Copyright © Exploring Wellness and protected by copyright law unless otherwise indicated. Any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of this Site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.

Exceptions, permissions and terms: The Works may not be transmitted, transcribed, reproduced, stored or translated into any other form, in whole or in part, except as below. Permitted uses: The Owner grants permission for the private or educational use of the Works without profit, except any portion thereof consisting of Third Party Works described below, provided the copyright notices on any such Works remains on the Works.

Third Party Works: Works found on or through the Owner Site or paper publications which bear the name of or credit to a third party creator require the permission of the third party creator for any reproduction or other use unless otherwise indicated.

Limited licence

Subject to the terms and conditions of these Terms and Conditions, you are hereby granted a limited, non-transferable, and nonexclusive licence to access, view, and use this Site and the Content for your personal, non-commercial use. You are granted the right to download, store, and/or print single copies of items comprising the Content for your personal, noncommercial use, provided that you maintain all copyright and other notices contained in such Content. You may not copy and/or repost items comprising the Content online. You must also abide by any additional requirements governing the use of any specific Content that may be set out in this Site. In the event of a conflict between the terms of a licence governing specific Content and these Terms and Conditions, the terms of the specific licence shall govern.

Trademarks

Names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on this Site may constitute registered or unregistered trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner under licence, the display of third-party trademarks on this Site should not be taken to imply any relationship or licence between the Owner and the owner of the trademark or to imply that the Owner endorses the wares, services, or business of the owner of the said trademark.

Disclaimer

None of the information on this Site provides medical advice. Information on this Site is provided for informational purposes only. This information is not intended as a substitute for the advice provided by a physician or other healthcare professional or any information contained on or in any product label or packaging. Under no circumstances should you attempt self-treatment based on anything you have seen or read on this Site. Do not use the information on this Site for diagnosing or treating a health problem or disease, or selecting any medication or other treatment. Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem. You should carefully read all product packaging and instructions for any products or services recommended through this Site, and any products or services you purchase through this Site. You are participating voluntarily in using any of this Site, emails, programs, services and/or products, and you alone are solely and personally responsible for your results. If you have or suspect that you have a medical problem, contact your health care provider immediately. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this Site. Information provided on this Site and the use of any products or services recommended through this Site, and any products or services purchased through this Site by you does not create a doctor-patient relationship between you and any physician affiliated with our web site. Full medical clearance from a licensed physician should be obtained before beginning or modifying any diet, exercise, or lifestyle program; and physicians should be informed of all food, diet and exercise changes.

Linking

If you wish to link to this Site, you may do so, provided you agree to the link conditions described below (“Link Conditions”):

1. A link may be established to the following home page of this Site (“Home Page”) at http://www.exploringwellness.ca

2. If you link to this Site, your Site, i. may not imply that the Owner is endorsing you or your products or services; ii. may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of the Owner; iii. may not misrepresent your relationship with the Owner or present false or misleading impressions about the Owner or its services; and iv. may not contain content that may be interpreted as distasteful or offensive.

3. The Owner shall have no responsibility or liability for any content appearing on your website.

4. The Owner may at any time, in its sole discretion, immediately terminate your right to link to this Site, with or without cause. If the Owner exercises this right, you will immediately remove all links to this Site.

By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions.

Sites linked to this site

Certain sites may be linked to this Site. Not all of these links may have been permitted by the Owner. Regardless of whether a link has been permitted by the Owner, the Owner is not responsible for the contents of any website that is linked to this Site. The Owner makes no representations or warranties, and does not endorse, any website that is linked to this Site, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to this Site does not imply that the Owner sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website. While the Owner encourages links to this Site, it does not wish to be linked to or from any third-party website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of the Owner; or (ii) any website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights. The Owner reserves the right to prohibit or refuse to accept any link to this Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to this Site upon the request of the Owner.

External links

Certain links on this Site may take you to other websites. The Owner provides these links only as a convenience. The Owner is not responsible for the contents of any linked website. The Owner makes no representations or warranties regarding, and does not endorse any linked website, the contents thereof, the information appearing thereon or any of the products or services described thereon. Links do not imply that the Owner sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for any linked website. If you decide to visit any linked websites, you will do so at your own risk.

No endorsements

Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on this Site.

Disclaimer of warranties

The Owner makes no representation or warranty of any kind regarding this Site or the Contents of this Site, all of which are provided on an “AS IS” basis. While the Owner endeavours to provide information that is correct, accurate, current, and timely, the Owner expressly disclaims all representations, warranties, or covenants, express or implied, regarding this Site and the Content including, without limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through this Site or any item(s) made available on or through this Site will be of merchantable quality and/or fit for a particular purpose; (ii) this Site or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of this Site will be uninterrupted or error-free; (iv) that defects or errors in this Site or the Content, be it human or computer errors, will be corrected; (v) that this Site will be free from viruses or harmful components; and (vi) that communications to or from this Site will be secure and/or not intercepted. Without limiting the generality of the foregoing, the Owner makes no warranty as to the accuracy, quality or completeness of the Contents of this Site, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. The Owner does not warrant that this Site will continue to operate, will operate without interruptions or that it will be error-free.

Limitation of liability

In no circumstances shall the Owner, its officers, directors, employees, agents, licensors, and their respective successors and assigns be responsible or liable for any loss or damages whatsoever, including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages, including without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, inaccurate information, improper treatment or any other loss incurred in connection with your use, misuse, or reliance on, or your inability to use or access, this Site, any Contents of this Site, any external links on this Site, any website linked to this Site, or any Contents thereof, or any website linking to this Site, or any Contents thereof, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.

The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of this Site, or any advertiser or sponsor of this Site (“third-party”). Under no circumstances shall the Owner, its officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from this Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

Submissions

This Site may provide features which allow you to post messages and content to designated areas on this Site, to participate in chat groups, to interact with the Owner and other users and to upload files, documents, or other materials (“Submission(s)”). The Owner does not control the content of any Submissions and has no obligation to monitor the Submissions. However, the Owner reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in the Owner’s sole discretion, are objectionable or in violation of these Terms and Conditions. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.

Rules of conduct regarding Submissions

When using any of the features of this Site which allow you to post, upload, or make Submissions, it is a condition of your use of this Site that you do not:

1. Restrict or inhibit any other user from using and enjoying this Site, interfere or attempt to interfere with the proper workings of this Site, or do anything, which in the sole discretion of the Owner, imposes an unreasonable or disproportionately large load on this Site infrastructure;

2. Post or transmit any unlawful, abusive, defamatory, or obscene information of any kind, including, without limitation, any submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, territorial, national, or international law or regulation;

3. Post or transmit any Submission, including, without limitation, articles, images, stories, software, or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the Owner or rights holder;

4. Post or transmit any Submission which contains a virus or other harmful component;

5. Post or transmit “junk mail,”, “chain letters,” unsolicited mass mailing, or “spam”; and

6. Use or “mine” this Site for commercial purposes, including, without limitation, posting, uploading, or transmitting any Submission which contains advertising, which engages in commercial activities, solicitations or sales, or which involves contests, sweepstakes, advertising, and pyramid schemes.

Grant of licence regarding Submissions

By posting or uploading Submissions to this Site, you grant the Owner a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of the Owner; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that the Owner is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.

Software Licence and Ownership

All software embedded in or located on or at this Site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by the Owner, its licensors, or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into this Site, subject to (i) the terms and conditions of these Terms and Conditions; and (ii) any additional conditions which may be imposed on your access and use of such Software. If this Site provides Software for download, unless otherwise provided, you are hereby granted, subject to the terms of these Terms and Conditions and to any other specific terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive licence to (i) install and run one copy of the Software in object code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run, and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in these Terms and Conditions, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so. Other than the limited licence granted herein, nothing contained in this Site shall be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into this Site or made available for download from this Site, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into this Site is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.

Tools

Any tools or resources provided on this Site are provided for general and illustrative purposes only. Such tools and/or resources are not medical advice nor are they intended to be a substitute therefor. You should not act or abstain from acting based on any information provided by any such tool or resource available on this Site.

Security

Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the security or confidentiality of any communication to or from this Site.

Governing law and jurisdiction

This Site is operated by the Owner from its offices within the province of British Columbia, Canada. You agree that all matters relating to your access or use of this Site and its Content shall be governed by the laws of British Columbia and the laws of Canada applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the province of British Columbia with respect to all matters relating to your access and use of this Site and the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the province of British Columbia and of Canada.

Waiver

Any consent by the Owner to, or waiver of, a breach of these Terms and Conditions which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.

Severability The invalidity or unenforceability of any provision of these Terms and Conditions or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of these Terms and Conditions.

Termination

The Owner may, in its sole discretion, cancel or terminate your right to use this Site, or any part of this Site, at any time without notice. In the event of termination, you are no longer authorized to access this Site, or the part of this Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from this Site and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive termination of these Terms and Conditions. The Owner shall not be liable to any party for such termination.

Notice

Questions or comments regarding this Site should be directed by email here.