The following are the disclaimers, terms and conditions for use of the Mountainview Kinesiology Health Corporation (hereinafter referred to as “Mountainview Kinesiology” or “we”) website (the “Site”). Your access to and use of any material on the Site constitutes acceptance of, and is conditional upon your acceptance of and compliance with the disclaimer, and the terms and conditions set forth herein (collectively referred to as “Terms of Use”).

By accessing and using this Site, you agree to be bound by the Terms of Use. Do not use this Site unless you agree to the Terms of Use.

 

Changes to Site or Terms of Use
 

We reserve the right to discontinue or to make partial or complete modifications to this Site and to make changes to the Terms of Use at our own discretion and without prior announcement.

Continued use of this Site following the posting of any changes will constitute acceptance of those changes. The next time you visit this Site, you must view the Terms of Use again and take note of any amendments that may have been made.

 

General Prohibition
 

You agree that you will not use this Site or the material provided for any unlawful purpose or for any purpose that is prohibited by the Terms of Use

The Site is provided for your personal use, and you may not resell any materials provided by Mountainview Kinesiology on this Site. You may not use the Site to engage in any unlawful activity or to infringe the rights of Mountainview Kinesiology, its affiliates or its customers.

 

You further agree that you will not:

 

(i) interfere with the operation of the Site in any way; (ii) interfere with anyone’s use or enjoyment of the Site; (iii) harass anyone on or through the Site; (iv) impersonate any person or entity on or through the Site; (v) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given Mountainview Kinesiology written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); and (vi) copy, reproduce, modify, sell, lease, sublicense, market, or otherwise change or commercially exploit in any way the Site or any component thereof other than as may be expressly permitted by Mountainview Kinesiology.

 

DISCLAIMER

 

No Warranty
 

No representation is made or warranty given, either implicitly or tacitly, for the completeness or correctness of the information on this Site. Be aware that this information may no longer be up to date. You expressly agree that your use of this Site and the materials on this Site are at your sole risk. The materials and the information provided on this Site are provided on an “as is”, “without any warranties” and “as available” basis. Mountainview Kinesiology expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose and those that are implied by law. Mountainview Kinesiology makes no warranty that this Site or the materials and information on this Site will meet your requirements or that the use of the Site or materials will be uninterrupted, timely, secure or error free. Mountainview Kinesiology makes no warranty as to the results that may be obtained from the use of the materials or the Site or as to the accuracy or reliability of any information obtained through the Site or materials or that defects will be corrected.

 

PRIVACY

 

Non Confidentiality
 

You agree that any information provided by you to Mountainview Kinesiology in connection with your use of this Site (other than your personal information) is not confidential and becomes the exclusive property of Mountainview Kinesiology. Mountainview Kinesiology shall have the right to reproduce, use, disclose, exhibit, display, transfer, create derivative works and distribute such information without limitation. In addition, Mountainview Kinesiology shall be free to use such information for any purpose including, but not limited to, the development of products and services incorporating such information. In no event shall Mountainview Kinesiology be obligated to compensate any party providing such information.

 

OTHER TERMS AND CONDITIONS

 

Links and Third Party Content
 

As a convenience to you Mountainview Kinesiology may provide on this Site, links to websites operated by other entities. These links do not constitute an endorsement, sponsorship or recommendation by Mountainview Kinesiology of the third parties, the linked third party sources or any content, services or products available on or through such third party sources. If you use these sites or materials, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that Mountainview Kinesiology or this Site is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Mountainview Kinesiology.

 

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Mountainview Kinesiology shall not have any liability whatsoever to you for any such third party material, data or information.

 

Limitation of Liability
 

IN NO EVENT SHALL Mountainview Kinesiology, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER AND HOWSOEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR MISUSE OF THIS SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THIS SITE, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS OR ANY OTHER NON-DIRECT DAMAGES, WHETHER OR NOT Mountainview Kinesiology HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

 

The limitations of liability and disclaimers in the Terms of Use shall apply regardless of the form of action, whether in contract, warranty, strict liability, negligence or other tort.

 

Indemnity
 

You agree to defend, indemnify and hold harmless Mountainview Kinesiology and its officers, directors, employees and agents from and against any and all third party claims, liability, damages or costs, including without limitation reasonable legal and accounting fees, arising or resulting from your use or misuse of this Site and the materials available on this Site, your breach of the Terms of Use or infringement of any intellectual property or other right of Mountainview Kinesiology or person or entity.

 

Reserved Rights
 

Copyright © 2019 Mountainview Kinesiology Health Corporation All rights reserved. The Mountainview Kinesiology Site contains information, communication, software (including program code that may execute on the server or that may be embedded in or downloadable from individual pages on this Site), images, sounds, music, graphics, photos, videos, and other materials and services (collectively, the “Content”).

 

You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other Site features (the “Website Design”) are protected by Canadian and international intellectual and industrial property rights, including copyrights, trade-marks and other proprietary rights. These rights are valid and protected in all media existing now or later developed, and all use of the Content or Website Design shall be in accordance with such rights and the terms of this agreement.

 

Users of this Site are granted a limited license to display or print it’s Content for their own personal non-commercial use, provided the Content is not modified. Any other use of the Content or the Website Design is prohibited. The Content and Website Design may not be otherwise reproduced, republished or re-disseminated in any matter or form without the prior written consent of Mountainview Kinesiology.

 

Jurisdiction
 

Use of this Site, including disclaimers, terms and conditions set out herein, and any disputes shall be governed by Canadian law. Nothing in the Terms of Use shall prevent Mountainview Kinesiology from seeking injunctive or other equitable relief, or enforcement of an award, before any court having jurisdiction over you or otherwise over such matter.

 

Entire Agreement
 

The Terms of Use constitute the entire agreement between Mountainview Kinesiology and you with respect to the Site and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, with respect to the Site.

 

Further Information
 

If you have any questions or require further information about the Terms of Use please contact:

 

Mountainview Kinesiology
#103 – 237 E Columbia Street
New Westminster, BC,V3L3W4
Tel: 604-949-1058

Email: Mountainview.kinesiology@shaw.ca

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