Terms of Use

Effective date: April 28, 2022

These terms of use (these “Terms”) apply to both your access to, and your use of, the website (the “Website”), and the materials, content or services that I, Beth Hoag, Registered Physiotherapist, make available from time to time, as part of the Cancer Rehab Space Online Programs and Workshops  (collectively, as it relates to these Terms, “The Program”).  By accessing and using the Website and The Program, you accept and agree to be bound by these Terms, and all applicable laws and regulations. 

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

Unless I expressly disclaim any terms in writing, your use of The Program will ALWAYS be subject to terms of use, and so your use of The Program is subject to these Terms.  If you are not willing to be bound by each and every provision of these Terms, or if anything that I require you to agree to in these Terms is not true, you may not use The Program and must immediately cease any access or use of The Program.

To be clear, in these Terms when I use the phrase “The Program”, I include any Content made available through or using the Website, as will be explained further below.

YOU MAY NOT USE THE WEBSITE OR THE PROGRAM (WHICH INCLUDES ANY MATERIALS, CONTENT OR SERVICES MADE AVAILABLE THROUGH IT) WITHOUT AGREEING TO THESE TERMS.

1.              Changes to These Terms

a.              How changes happen—I may change these Terms from time to time without notifying you, but I will use reasonable efforts to publish each amendment before it becomes effective.  I will ensure that the latest, fully-amended version of these Terms is published on or linked through the Website.  You are responsible for regularly reviewing the Website to obtain timely notice of any terms that apply to them.

b.              How to reject changes—If any amendment is unacceptable to you, you may terminate your agreement to these Terms (as amended) by ceasing your use of The Program and the Website or any content or materials you obtained through them.  

c.              Your use of changed Terms—If you continue to use the Website or The Program after the effective date of an amendment, you agree that it is evidence that you accepted the amended version of these Terms, and that you will be deemed to have accepted these Terms. 

2.              Your Use of The Program is Licensed by Me, and is Subject to These Terms 

a.              My license to you—Subject to these Terms, and provided you are in good standing with all applicable fees, I grant you permission to access The Program through a personal, non-exclusive, non-transferable, limited license to use The Program and the Website for your own non-commercial purposes, provided that with respect to any materials obtained from the Website, you may not do any of the following, unless you have my prior written permission:

(i)             modify, copy, reproduce or create derivative works of such materials (except as explicitly provided in connection with those materials through the Website);

(ii)           use the materials for any commercial purpose;

(iii)         create derivative works from, transfer, or sell any materials;

(iv)          attempt to decompile or reverse engineer any software or database contained in or access through the Website; or

(v)           remove any copyright or other proprietary notations.

b.              I maintain my rights—To be clear, all rights not expressly granted to you are reserved by me.

3.              My Privacy Policy applies to These Terms

a.              Where you can find My Privacy Policy—My privacy policy applies to your use of The Program and the Website, and it is available at[BH1]  https://beth-hoag.mykajabi.com/privacy-policy.   I may update that policy from time to time but I will make sure the link stays active in these Terms.  In these Terms, I refer to the privacy policy as it is updated from time to time as my “Privacy Policy”.

b.              Your implied consent—By using the Website and/or participating in The Program, it is evidence that you consent to the collection, use and disclosure by me and my agents of your personal information for the purposes identified in my Privacy Policy.  I will only use your personal information in accordance with my Privacy Policy.

4.              Content

a.              What “Content” means—In these Terms, I use the term “Content” to mean all materials and content — this includes designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work.  So basically, anything available on or through The Program is Content—including, in the case of my Content, source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of the Website or The Program.

b.              My Content is mine, not yours—Except where expressly stated otherwise, all right, title and interest in and to The Program (“My Content”) fully belongs to me or others that I have licensed it from.  My Content is protected by applicable copyright, trade-mark, patent, trade secret or other proprietary rights or intellectual property laws. My Content is licensed subject fully to these Terms. Except for the limited license I have already described above, nothing in your use of The Program grants you any right, title or interest in, or any ownership over, My Content.

c.              If you give me feedback, you also give me the right to use it—If you provide me any comments, ideas, suggestions and impressions of The Program (collectively, the “Feedback”), you give me full license to use it for any purposes, including commercial exploitation in perpetuity, regardless of whether I actively solicited that Feedback or not.

5.              Intellectual Property Notices and Complaints

a.              Copyright Notice—The Website and The Program and all Content is owned and copyrighted by me and is licensed to you in accordance with these Terms only.  All rights are reserved.

b.              Trademark Notice–The trademarks, logos, and service marks displayed on or through The Program are the property (whether registered or unregistered) of me, my licensors or other third parties. You are not permitted to use trademarks, logos and service marks for any purpose without my prior written consent.

c.              Complaint Requirements— Please check your local laws to see what rights you may have to make complaints against me.  For Canadian copyright purposes, if you believe that any Content on the Website infringes upon any copyright or other intellectual property right that you own or control, you must send a written notification of such infringement to me as follows: Beth Hoag, Physiotherapist, 559 Browning Ave., Ottawa, ON K1G 0T3 in such form as is required under the Copyright Act (Canada) from time to time, and in that notice you must:

(i)             state your name and address and any other particulars prescribed by regulation that enable me communicate with you;

(ii)           identify the work or other subject-matter to which the claimed infringement relates;

(iii)         state your interest or right with respect to the copyright in the work or other subject-matter;

(iv)          specify the location data (such as a URL or locator) for the electronic location to which the claimed infringement relates;

(v)           specify the infringement that is claimed;

(vi)          specify the date and time of the commission of the claimed infringement; and

(vii)        include any other information that may be prescribed by regulation.

Upon receipt of that notice, I will comply with my obligations under the Copyright Act (Canada).

6.              Disclaimers, Limits of Liability and Indemnities

a.              Disclaimer about internet-based limitations—Your use of the Website depends on the public internet, including networks, cabling, facilities and equipment that is not in my control; accordingly (i) I cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (ii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.

b.              Disclaimer about Third Party Links—The Content that you may access while using the Website may contain links to other websites or services, which are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by me.  

c.              General Disclaimers—All use of The Program and all Content provided by me is at your own risk.  The Program and all Content, to be clear including all products and services provided under these Terms, are provided on an “AS-IS” and “AS-AVAILABLE” basis.  I make no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of The Program or the Website.  I expressly disclaim all conditions, warranties and representations, express, implied or statutory, including implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, by course of dealing, by course of performance, at law, in equity, by statute or otherwise howsoever. The information contained on the Website and in The Program is intended for general information purposes only and is not intended to substitute for professional medical advice, diagnosis or treatment and does not represent physiotherapy services in any way. Nothing on The Program or on the Website is offered as a substitute for medical care or to negate or replace any previously given medical instruction by a licensed or certified health care provider. By participating in the Program or accessing the Website you acknowledge that you are not entering into an agreement for clinical health or physiotherapy care. You also acknowledge that you are free to make your own healthcare decisions. 

I have made reasonable efforts to ensure that the information is accurate at the time of inclusion, however, information can quickly become outdated and I cannot guarantee that the information is accurate or up-to-date. I am not responsible for any inaccuracies or omissions in the information contained on the Website and any decisions based on information contained in the Website are your sole responsibility and you assume all risk and liability for using or relying on this information. The Website may also contain links to third-party websites that I do not own or operate and I am not responsible for the content of those websites. 

d.              To the maximum extent allowed, I have no liability to you—Notwithstanding any other provision of these Terms, and to the maximum extent permitted by applicable law, in no event will I, or my agents, employees, suppliers or licensors be liable for any direct, indirect, special, incidental, consequential or punitive damages, or any other expenses, damages or losses whatsoever, including (whether direct or indirect) damages for loss of profits, goodwill, opportunity, earnings, use or data, arising from or related to these Terms, the Website, The Program, or any Content or software in connection therewith, regardless of the cause of action and even if one or more of us have been advised of the possibility of such damages or losses, or if such damages or losses would be reasonably foreseeable.  It is impossible to fully list the extent of this limit of liability, but, to be clear, to the maximum extent permissible under applicable law, I have no liability whatsoever to you for any other expenses, damages or losses arising from the following:

(i)             how you utilize the information provided in The Program and for any personal injury ensued which relates to n how you utilized this information.;

(ii)           any suspension, curtailment, restriction, termination or other limitation placed on your use of the Website or The Program;

(iii)         the performance of the public internet or the Website;

(iv)          the content or accuracy of any material, information or data (including any software) related to these Terms or viewed, downloaded, accessed or transmitted using, over or through the internet or the Website, including material that infringes the rights of others or otherwise violates laws or regulations; and

(v)           delays, errors, interruptions, mistakes, omissions, non-delivery, incorrect delivery, viruses, malware, Trojan horses, spyware, spam or defects in the transmission of any information, material or data over or through our systems or networks or the systems or networks of third parties.

e.              Exceptions where (and to the extent) prohibited by law—Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability, such as those I have set out in this “Disclaimers, Limits of Liability and Indemnities” section.  In such circumstances, to the extent that such prohibitions prohibit any disclaimers, exclusions and limitations in these Terms, such disclaimers, exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.

f.               Indemnity by you—I provide The Program and the Website on the basis of these Terms, including this “Disclaimers, Limits of Liability and Indemnities” section.  By using the Website and The Program, I will deem you to have agreed to indemnify me from (and disclaim my responsibility for) any actions, proceedings, claims, liabilities, damages and reasonable expenses (including legal expenses) relating to or arising from (i) access to or use, by you, of the Website or The Program, or (ii) any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.

7.              Payment and Refund Terms 

You acknowledge and agree that: (i) in order to access the Program you are required to pay an upfront fee and (ii) all fees paid by you in relation to the Program are fully non-refundable.   Fees and costs in relation to the Program are subject to change without notice.

8.              General Provisions

a.              Interpretation rules for these Terms—In these Terms, (i) I use headings and captions (such as the titles of numbered sections, or the summaries before “—” in each subsection) for convenience only, but they do not form any substantive part of these Terms and should not be used to interpret them, (ii) when I use the word “including”, the word “includes” and the phrase “such as”, or similar phrases, I always mean it to be non-limiting, so it should be read as if it said “without limitation” or “but not limited to” or similar phrases right after it (iii) the word “or” between does not imply an exclusive relationship between the matters being connected (so it can always be read as “and/or” unless the context requires), and (iv) all references to website addresses or URLs shall also include any successor or replacement websites containing substantially similar information as the referenced website(s).

b.              If I waive any of my rights and remedies, or amend this Agreement, it will only be in writing—My failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and me nor trade practice shall act to modify any provision of these Terms. My rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of The Program or the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

c.              If for any reason some part of these Terms do not apply to you, the rest do—If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

d.              How I will provide notifications to you—Subject to my Privacy Policy, I may provide you with notifications via email, in hard copy, or through conspicuous posting of such notice on the Website, as I may determine in my sole discretion.  I will always comply with relevant anti-spam legislation when doing so. 

e.              What the law applies to these Terms, and how you or I would bring a dispute—These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of Ontario and the laws of Canada applicable therein, without reference to its conflict of laws principles.  You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Ontario in connection with any matter arising out of or in connection with these Terms, without limiting my ability to seek injunctive relief from any court of competent jurisdiction or to enforce an Ontario judgment against you.

f.               Transfers of these Terms are permitted by us only—I may at any time assign my rights and obligations under these Terms, in whole or in part, without your consent or advance notice, but I will use reasonable means to notify you. You may not assign these Terms or any of your rights or obligations under them without my prior written consent. These Terms will enure to the benefit of and bind you and me and our respective personal and legal representatives, successors and permitted assigns.

g.              Where necessary, some parts of these Terms will survive even if the Terms are terminated—All provisions of these Terms that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

h.              My relationship with you– You agree that no joint venture, partnership, employment or agency relationship exists between me and you as a result of these Terms or your use of the Website or The Program.

i.               These Terms are our entire agreement relating to The Program—These Terms, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, constitutes the entire agreement between me and you with respect to the matters referred to in these Terms and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between me and you with respect to such matters.

j.               English language—The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

9.              Questions and Concerns:

If you have any questions or concerns about The Program, the Website or these Terms, please contact me at bethhoagphysio@gmail.com or by mail at Beth Hoag, Physiotherapist, 559 Browning Avenue, Ottawa, Ontario, Canada K1G 0T3.