Acceptance
It is important that you read all the following terms and conditions carefully. This Terms of Use Agreement (“Agreement”) is a legal agreement between you and All Positive Options.com, which is the owner and operator (“Owner”) of the Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the “Content”).
By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of the Agreement. If you do not accept these terms and conditions, you must not access or use the Website. The Owner may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
Not Medical Advice
The information provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment or care, nor is it intended to be a substitute thereof. Always seek the advice of a physician or other qualified health care provider properly licensed, trained or otherwise accredited to practise medicine or general health care in your jurisdiction concerning any questions you may have regarding any information obtained from this Website and any medical conditions you believe may be relevant to you or to someone else.
Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. We consider all information on this website to be accurate and thorough, yet obviously it cannot cover all diseases, problems, ailments, physical conditions or their treatment, nor the cirumstances under which these may exist.
Medical Emergency
Do not use the Website in relation to medical emergencies. If you have a medical emergency such as a drug overdose, seizure, etc., call a physician, qualified health care provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.
No physician-patient relationship
The presentation of information on the Website does not establish a physician-patient relationship between you and the Owner and is not intended as a replacement for a physician or qualified health care provider.
No endorsements
Unless specifically stated, the Owner does not recommend or endorse any specific brand of products, services, procedures or other information that appears within, or that may be advertised on the Website.
Disclaimer Of Warranties
The Website and the Content are provided “AS IS”. While All Positive Options.com endeavours to provide information that is correct, accurate, current and timely, we make no representation, warranties or covenants, express or implied, regarding the Website and the Content including, without limitation, no representation, warranty or covenant that (i) the Content contained in or made available through the Website or any item(s) made available on or through the Website will be merchantable quality and/or fit for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that your access and use of the Website and the Content is entirely at your own risk and liability.
Limitation of liability
In no event shall the Owner or its officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitations, any direct, special, indirect, punitive, incidental 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, improper diagnosis, inaccurate information improper treatment or any other loss incurred in connection with your use, misuse or reliance upon the Website or the Content, or your inability to use the Website, 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.
The Owner also expressly disclaims any and all liability for the acts, omissions and conduct of any third-party user of the Website, or any advertiser or sponsor of the Website (“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 the Website, 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.
Indemnity
You agree to indemnify, defend and hold harmless the Owner, 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 this Agreement, (ii) your access to, use, misuse, reliance upon or inability to access or use the Website, the Content or any Website to which the Website 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 Website.
Copyright
The Content is protected by copyright law and is owned by All Positive Options.com and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licenses herein, any use of the Content, inducing modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of All Positive Options.com.
Limited licenses
Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website 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, non-commercial use, provided that you maintain all copyright and other notices contained in such content.
Links & Linking
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by All Positive Options.com of any third-party website and the content thereof. Unless expressly stated, the Owner does not operate any third-party website and is not responsible for the content of any third-party website, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party web sites or material, content, software, goods, or services located at or made available through such third party websites, or (iii) any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third party websites be corrected, or that such third-party websites will be free from viruses or other harmful components.
While the Owner encourages links to the Website, 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 offence, give rise to civil liability or otherwise violate any local, state, provincial, 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 the Website, 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 the Website upon the request of the Owner.
Linking to the Website
The Owner welcomes links to this Website. However, you agree that by establishing a link to this Website, you will be deemed to have agreed to these conditions:
If you link to this Website, the Owner grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Owner’s trademark and internet icons, if available, (the “Licensed Marks”) solely for the purpose of serving as a link from the applicable website to this Website. For greater certainty, except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of the Owner’s trademarks or service marks for any reason without the Owner’s prior written permission.
The linked website shall not:
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misrepresent the relationship of you or any other person with the Owner or present false, misleading or otherwise damaging information or impressions about the Owner or any of its products or services; nor contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate.
The Owner may at any time, in its sole discretion, immediately terminate any license to use the Licensed Marks and any right to link to this Website, with or without cause. If the Owner exercises this right, you shall immediately remove all your links to this Website and shall cease using the Licensed Marks.
Submissions
The Website provides features which allow you to post messages and content to designated areas on the Website, to participate in discussion 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; while the Owner may attempt to delete insulting, offensive or inaccurate communications of which it is notified, it cannot prevent them and may not catch them before they cause damage, and is not responsible for such damage.
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 to remove any Submission, in whole or in part, that, in the Owner’s sole discretion, are objectionable, inaccurate, misleading or in violation of the Agreement. For greater certainty, the Owner will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
Tools
Any tools, calculators, quizzes or questionnaires provided on the Website are provided for general and illustrative purposes only. Such tools, calculators or quizzes are not medical advice nor are they intended to be a substitute thereof. You should not act or abstain from acting based on any information provided by any such tool, calculator, quiz, or questionnaires available on this Website.
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 the Website.
Modification to the Website
The Owner reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. The Owner shall have no liability to you or any third party for any modifications, suspension or discontinuance of the Website or any part thereof.
Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction
The Website is operated by the Owner from its offices within the Province of Ontario, Canada. You agree that all matters relating to your access, or use of the Website and its Content shall be governed by the laws of the Province of Ontario 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 Ontario with respect to all matters relating to your access and use of the Website 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 Ontario.
Waiver
Any consent by the Owner to, or waiver of, a breach of this Agreement 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 this Agreement 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 the Agreement.
Notice
Questions or comments regarding the Website should be directed by email to mail@allpositiveoptions.com
Termination
The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in this Agreement shall survive termination of this Agreement. The Owner shall not be liable to any party for such termination.
Entire Agreement
This is the entire Agreement between you and the Owner relating to your access and use of the Website.
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