Web Site Health Disclaimers and Service Terms and Conditions Agreement
1.The term “Fresh Start Health Retreat Centers Ltd.” or “us” or “we” refers to the owner of the website whose registered office is
4384 South Island Highway
Campbell River, BC
The term “you” refers to the user or viewer of our website.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorized use of this website may lead to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Fresh Start Health Retreat Centers Ltd. prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Canada.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Every effort is made to keep the website up and running smoothly. However, “Fresh Start Health Retreat Centers Ltd.” takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
2. License. We hereby grant you the right to view and use this web site subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this web site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at 4384 South Island Highway, Oyster Bay, BC, V9H 1E8, Canada.
3. Warranty Disclaimer. The information provided through this Service is for educational purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. THIS SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. ADVICE RECEIVED VIA THIS SERVICE SHOULD NOT BE RELIED UPON FOR MEDICAL OR HEALTH DECISIONS AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. We and our suppliers assume no responsibility for how you use the information provided through this Service. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY OF PRODUCTS AND SERVICES OR THE TIMELINESS OR ACCURACY OF THE INFORMATION AVAILABLE THROUGH THIS SERVICE FOR ANY PURPOSE. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SERVICE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE. ALTHOUGH OUR SUPPLIERS OR WE MAY UPDATE THE CONTENT ON THIS SERVICE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS
4. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Fresh Start Health Retreat Centers Ltd., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING Fresh Start Health Retreat Centers Ltd. USING YOUR SERVICE ACCOUNT.
5. Waiver, Release and Limitation of Liability. YOU AGREE THAT NEITHER Fresh Start Health Retreat Centers Ltd. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF Fresh Start Health Retreat Centers Ltd. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Fresh Start Health Retreat Centers Ltd., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF Fresh Start Health Retreat Centers Ltd., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF Fresh Start Health Retreat Centers Ltd. AND ITS WEBSITES.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF Fresh Start Health Retreat Centers Ltd., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL Fresh Start Health Retreat Centers Ltd., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF Fresh Start Health Retreat Centers Ltd., ARE HEREBY EXCLUDED EVEN IF Fresh Start Health Retreat Centers Ltd., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Third Party Rights. The provisions of paragraphs 4 (Indemnification) and 5 (Waiver, Release and Limitation of Liability) are for the benefit Fresh Start Health Retreat Centers Ltd. and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. User Representations You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use Fresh Start Health Retreat Centers Ltd. in accordance with this Agreement. You agree to be financially responsible for your use of Fresh Start Health Retreat Centers Ltd. (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
8. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. You agree that any legal action or proceeding between Fresh Start Health Retreat Centers Ltd. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Province of Alberta, Canada. Any cause of action or claim you may have with respect to Fresh Start Health Retreat Centers Ltd. must be commenced within one (1) year after the claim or cause of action arises. Fresh Start Health Retreat Centers Ltd. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Fresh Start Health Retreat Centers Ltd. may assign its rights and duties under this Agreement to any party at any time without notice to you.
9. Notice. Fresh Start Health Retreat Centers Ltd. may deliver notice to you under this Agreement by means of electronic mail, a general notice on Fresh Start Health Retreat Centers Ltd. or by written communication delivered by first class mail to your address on record in Fresh Start Health Retreat Centers Ltd. account information. You may give notice to Fresh Start Health Retreat Centers Ltd. at any time by letter delivered by first class postage prepaid mail or overnight courier to the following address:
4384 South Island Highway, Campbell River, BC, V9H 1E8, Canada
Fresh Start Health Retreat Centers Ltd.
10. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
11. The information provided by Fresh Start Health Retreat Centers Ltd. is for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. Fresh Start Health Retreat Centers Ltd. does not provide specific medical advice, and is not engaged in providing medical or professional services. Use of Fresh Start Health Retreat Centers Ltd. does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of yourself or a loved one. In addition, while HealthRetreat.ca frequently updates its contents, medical information changes rapidly and therefore, some information may be out of date. Please check with a physician or health professional if you suspect you are ill. Your use of this Web site indicates your agreement to be bound by the above Terms and Conditions Agreement.