IMPORTANT – READ CAREFULLY: These Terms and Conditions (the “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “You”, “Your”, or “your”) and Synapse Integral Health Inc. and our licensors proprietors, employees and representatives, and affiliates (collectively, “We”, “we”, “Us”, “us”, “Our” or “our”). These Terms and Conditions apply to your use of our web sites, including http://www.synaspeintegralhealth.com, http://www.synapseintegralcoaching.com, http://www.synapse-ieh.com, and http://www.theconsciousnurseproject.com (collectively, the “Web Sites”), any and all services offered by Us, including Services offered in person by Us or by, through, or in association with the Web Sites (the “Services”), and accessing Services, educational materials and course materials, and/or related informational materials onto or from the Web Sites, or otherwise.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING USE OF ANY OF THE WEB SITES OR THE SERVICES. BY USING THE WEB SITES OR THE SERVICES, YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS AND CONDITIONS, OR DO NOT HAVE THE AUTHORITY TO AGREE TO ANYTHING IN THESE TERMS AND CONDITIONS ON BEHALF OF YOUR ORGANIZATION, DO NOT MAKE ANY USE OF ANY OF THE WEB SITES OR THE SERVICES.
1. Children and minors. The Services made available on or through the Web Sites (or otherwise) are available only to, and may only be used by persons who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, Services on the Web Sites are not available to minors in the jurisdiction in which they reside (e.g., persons under the age of eighteen in jurisdictions where eighteen is the age of majority) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all access and use of the Web Sites. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Web Sites.
2. Use at your own risk. Use of the Web Sites and Services is at Your own risk. We host Our Web Sites on a reputable platform and take reasonable efforts to maintain and host the Web Sites. However, in addition to the matters disclaimed as set out in the section on ‘Disclaimers’ below, We make no explicit representations or warranties as to the safety of any data or information provided to you in connection with the Web Sites, or Your individual use of the Web Sites.
CHANGES TO OUR TERMS AND CONDITIONS
3. Changes. We may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and Conditions and/or impose new or additional rules, policies, terms, or conditions on You with respect to use of the Web Sites or Services, without specific notice to you. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Web Sites or by Us otherwise making them available to You (as the case may be). It is your responsibility to periodically review these Terms and Conditions to stay informed of updates.
USER REPRESENTATIONS AND WARRANTIES
4. User representations and warranties. By using the Web Sites or any Services, you represent and warrant and agree that:
a. Any and all registration information you submit will be true, accurate, current, and complete;
b. You will maintain the accuracy of any and all registration information and promptly update such registration information as necessary;
c. You have the legal capacity and you agree to comply with these Terms and Conditions;
d. You are not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use the Web Sites or Services;
e. You will not use the Web Sites or Services for any illegal or unauthorized purpose; and
f. Your use of the Web Sites will not violate any applicable law or regulation.
5. Prohibited activities. You may not access or use the Web Sites or the Services for any purpose other than that for which we make the Web Sites and the Services available. The Web Sites and the Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the Web Sites and/or the Services, you agree not to:
a. Re-sell or trade Your access to the Web Sites and/or the Services;
b. Share the Services with anyone who has not yet purchased the Services or opted to receive the Services;
c. Reprint or republish any of the Web Sites and/or the Services, in part or in whole;
d. Distribute any of the materials provided in connection with the Services and/or the Web Sites, or related materials and/or communications as Your own;
e. Reproduce, modify, and/or tweak any part or whole of any materials provided in connection with the Services for distribution as Your own work;
f. Use the Web Sites and/or the Services, or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s);
g. Systematically retrieve data or other content from the Web Sites to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
h. Make any unauthorized use of the Web Sites, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
i. Use the Web Sites to advertise or offer to sell goods and services; or
j. Circumvent, disable, or otherwise interfere with security-related features of the Web Sites.
ADVERTISERS, THIRD PARTY WEBSITES AND CONTENT
6. Advertisers. We may occasionally allow advertisers to display their advertisements and other information in certain areas of the Web Sites, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Web Sites and any goods and services advertised by or through the Web Sites, or products advertised or sold by or through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Web Sites, including, but not limited to, intellectual property rights, publicity rights, and contractual rights in and to the advertisements on the Web Sites.
7. Links to third-party websites. The Web Sites may contain links to (or you may otherwise be sent via the Web Sites to) other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through or linked to the Web Sites or any Third-Party Content posted on, available through, or installed from the Web Sites or any Third-Party Website. If you decide to leave the Web Sites and access the Third-Party Websites or to access, use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.
8. Third-party policies and terms and conditions. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website linked through the Web Sites or to which you navigate from the Web Sites. Any purchases you make through Third-Party Websites will be through such other websites and from other companies, and we take no responsibility and make no representations and warranties whatsoever in relation to such purchases, goods, and services procured from Third-Party Websites, including any representations or warranties with respect to fitness for a particular purpose or any purpose, title, merchantability, workmanlike quality, or any other representation or warranty, which are exclusively between you and the applicable third party.
DISCLAIMER AND WAIVER
9. Disclaimer. THE WEB SITES AND SERVICES, AND THE CONTENT AND MATERIALS MADE AVAILABLE BY WAY OF THE WEB SITES AND SERVICES, ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEB SITES AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF OURSELVES AND OUR EMPLOYEES AND CONTRACTORS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITES AND OUR SERVICES, AND THE CONTENT AND MATERIALS MADE AVAILABLE BY WAY OF THE WEB SITES AND SERVICES, AND YOUR USE AND ENJOYMENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, MERCHANTABILITY, WORKMANLIKE QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY, IN ANY WAY ASSOCIATED WITH THE WEB SITES AND THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITES’ CONTENT OR ANYTHING POSTED TO THE WEB SITES OR MADE AVAILABLE THROUGH THE WEB SITES, THE CONTENT OF ANY WEBSITES LINKED TO THE WEB SITES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OFFERINGS, AND MATERIALS MADE AVAILABLE IN CONNECTION WITH THE SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITES, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OFFERINGS, AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES AND ANY CONTENT, DOCUMENTS, COURSES, TEACHINGS, EDUCATIONAL MATERIALS, LESSON PLANS, HANDOUTS, OFFERINGS, AND ANY OTHER INFORMATION AND MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITES OR THE SERVICES.
10. Direct, Indirect, and Consequential Damages. To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by You or others in connection with Our Services and the content and materials made available by way of the Web Sites, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
11. Professional Services. We are not medical, legal, or financial professionals, or if We are, during the course of these Services and our provision of any related material(s) and content, We are not offering Our professional services and You expressly agree We are not acting in a medical, legal, or financial professional capacity, during the course of providing the Services. None of the Services or any content, documents, courses, teachings, educational materials, lesson plans, handouts, or other materials or information provided to you through the Web Sites or in connection with the Services should be construed as medical, legal, or financial advice.
12. Results and outcomes. While We may reference certain results, outcomes or situations on the Web Sites and in connection with the Services, You understand and acknowledge that We make no guarantee as to the accuracy of the Services or any material, documents, statements, courses, educational materials or information contained on or made available through the Web Sites or in connection with the Services, or the likelihood of success for You as a result of the content, offerings, material, documents, statements, courses or information contained on or made available through the Web Sites or in connection with the Services. We expressly disclaim any responsibility for any actions or omissions You choose to make as a result of using the Services or any material, documents, teachings, statements, courses, educational materials, lesson plans, handouts, or other materials or information contained on or made available through the Web Sites or in connection with the Services.
LIMITATION OF LIABILITY AND INDEMNIFICATION
13. Limitation of liability. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES AND YOUR USE OF THE WEB SITES AND THE CONTENT AND MATERIALS MADE AVAILABLE BY WAY OF THE WEB SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IN CONNECTION WITH THE SERVICES AND YOUR USE AND ENJOYMENT OF THE WEB SITES, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR ANY GOODS OR SERVICES OFFERED BY US OR MADE AVAILABLE BY US. IF YOU HAVE NOT PAID US FOR ANY GOODS OR SERVICES OFFERED BY US, THEN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IN CONNECTION WITH THE SERVICES AND YOUR USE AND ENJOYMENT OF THE WEB SITES, WILL BE ZERO ($0).
14. Indemnification. You agree to defend, indemnify, and hold us, and our subsidiaries, affiliates, and all of our respective officers, agents, partners, shareholders, and employees, harmless from and against any loss, damage, liability, claims, cause of action, cost, expense, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising directly or indirectly out of: (1) your use of the Web Sites and Services, and/or your use of any materials or information obtained by your from the Web Sites or in connection with the Services; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights of any third party; or (5) any overt harmful act toward any other user of the Web Sites or the Services. Notwithstanding the foregoing, we reserve the right, at your expense, but do not have the obligation to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
15. Risks of transmitting personal information and data via e-mail. Transmitting personal information and data, including personal health information, via email poses several risks you should be aware of. We use reasonable means to protect the security and confidentiality of email information but cannot guarantee the security and confidentiality of email communications. You should not communicate with Us via email without understanding and accepting these risks. These risks include, but are not limited to the following: employers and online services may have a legal right to inspect emails that pass through their system; email is easier to falsify than handwritten or signed hard copies; emails can introduce viruses into a computer system and could potentially damage or disrupt the computer; email can be forwarded, intercepted, circulated, stored or even changed without the knowledge or permission of the sender or recipients; email senders can easily misaddress an email resulting in it being sent to one or more unintended and unknown recipients; and email cannot be readily erased or shredded (i.e., even when deleted by both sender and recipient, backup copies may exist on a computer or in cyberspace); and use of email to discuss sensitive information can increase the risk of such information being disclosed to third parties. By sending or transmitting any information (including personal information) to Us via e-mail, including in connection with your use of the Web Sites and/or the Services, you thereby agree to the following conditions:
- You have read and understand the above risks relating to communicating with Us via e-mail, and have agreed to communicate with us via e-mail notwithstanding the above risks;
- any emails concerning your treatment will be kept by us as part of your record;
- if an email you send to Us requires a response and you have not received a response within a reasonable time frame, it is your responsibility to follow up to determine whether the intended recipient received the email and when you can expect a response; and
- We are not responsible for information lost due to technical failures associated with your email software or the services offered by your internet service provider.
16. Entire Agreement and Modifications. These Terms and Conditions supersede all previous communications, representations, warranties, understandings, and agreements, whether electronic, oral, or written, between you and us relating to the subject matter of these Terms and Conditions. Any modification of these Terms and Conditions must be agreed to in a writing signed by one of our authorized representatives, and must specifically reference these Terms and Conditions. We may modify the terms of these Terms and Conditions at any time.
17. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia (without regard to conflict of law principles).
18. Severability. If any part of these Terms and Conditions is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
19. Capacity. If you are entering these Terms and Conditions on behalf of a company, corporation, or other legal entity, you represent and warrant that you have the authority to do so.
20. Interpretation. The headings contained in these Terms and Conditions should not be used to aid in any manner in the construction or interpretation of these Terms and Conditions. Any reference to “agree”, “agrees”, “represent”, “represents”, “acknowledge”, “acknowledges”, or any “acknowledgement” by you in these Terms and Conditions, shall refer in all cases to your acceptance of these Terms and Conditions through making use of any Web Sites and/or any Services, in accordance with these Terms and Conditions.