TERMS OF SERVICE
Ancaster Joint, may from time to time review and revise these terms. The revised policy will be effective and binding on you at the time it is posted on our website which can be accessed at: www.ancasterjoint.ca (the “Website“). We recommend that you retain a copy of these terms in either electronic or tangible format for reference. Continued access of the Services by you will constitute your acceptance of any changes or revisions to these Terms. Your failure to follow these Terms, whether listed below or communicated on or through the Services, may result in suspension or termination of your access to the Services, without notice, in addition to Ancaster Joint’s other remedies.
Please read these Terms carefully before you use or participate in the Services.
- Binding Agreement.These Terms are a binding agreement between you and Ancaster Joint and its affiliates and subsidiaries. “You”and “users” shall mean any participant in or user of Services. You confirm your acceptance of these Terms each time you access or use any Services. If you do not accept these Terms, You are not authorized to use or participate in Services and You must not use them. These Terms and the entity providing Services to You may vary based on the Services You use, your region or other factors and such details will be provided to you as applicable. To the extent there are any additional contractual documents or terms entered into by You in respect of Services, these Terms shall form an integral part of such additional terms and these Terms are incorporated by reference into them.
- Revisions to Terms.We reserve the right, in our sole discretion, to revise the Terms at any time, in whole or in part, by posting an updated version on our Website. Changes to the Terms will be effective when posted. You hereby agree to periodically visit our Website to review the most current Terms. Your continued use of Services or any part thereof after any changes to the Terms are posted constitutes your acknowledgement and binding acceptance of the Terms and revisions or updates. We are not liable to Your or any third party in any respect arising from any change or interruptions to the Website or Services. If you object to any changes to the Terms your sole recourse will be to stop using Services.
- Age Restriction.The Website and Services are intended for individuals who are 19 years of age and over. If you are under 19 years of age you may not use Services. If you are under 19 years of age, you may be in breach of laws and regulations applicable in your province or country of residence or access, and you should leave the Website immediately. By using this Website and Services you represent and warrant that You are 19 years of age or over. No Services are directed at persons under the age of 19.
- Fees, Payments, Refunds.Fees, payment terms, financing options, and currency may vary by Services and region and may be revised or updated from time to time. Additional or different terms may apply in which case they will be communicated to you as part of the registration or enrolment process. All fees and payments are non-refundable except as agreed in writing. Fees and payments are subject to any applicable sales, value-added, or other taxes. If you have provided Ancaster Joint with a payment method, you irrevocably authorize Ancaster Joint to process payments at any time using that payment method in accordance with your fee and payment obligations. Charges will occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. Disputed fees or charges must be disputed in writing within thirty (30) days of the charge, failing which your right to dispute such fee or charge is waived and such fee or charge will be final and not subject to dispute or challenge. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AMOUNTS OWING BY YOU, AND FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT INFORMATION DETAILS FOR PAYMENTS OF ALL SUCH AMOUNTS.
Advertisements on the Website and/or Services are invitations to you to make offers to purchase products and services on the Services and are not offers to sell. All prices and other amounts appearing on the Website and/or Services are quoted in Canadian dollars.
- Discounts and Refunds.Any discount or promotional benefit offered by Ancaster Joint has no cash value, cannot be traded or exchanged with any other person, are for personal use only, are provided on a gratuitous and discretionary basis only and can be withdrawn or varied at any time prior to use by Ancaster Joint, in its sole discretion. Any discounts and/or promotions for Services cannot be combined. In the event that multiple discounts or promotions are valid, the discount or promotion with the greatest value will apply. All fees and charges are non-refundable except as agreed otherwise based on specific Services. Full-time in-person programs or other Services may be subject to different refund policies which will be communicated to You as part of the registration and enrolment process for such programs.
- Ownership and Use of Services and Related Content.All information, content and materials, including, without limitation, any video and sound recordings, text, organization, graphics, design, and other matters related to the Website or Services (collectively, the “Content”) are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws and are the property of Ancaster Joint and/or its licensors. The Content is provided to you AS IS, without any representation or warranty, whether express or implied, for your informational, personal, non-commercial use. The copying, reproduction, use, modification or publication by You of any such Content or any part of the Content related to the Website and Services is strictly prohibited, without our express written permission. Other product and company names mentioned herein, including the names of any other parties, may be the trademark of their respective owners.
Ancaster Joint and its logos, brand elements, URLs, and product and service names used by Ancaster Joint and its affiliates are registered and unregistered trademarks and the property of Ancaster Joint (the “Ancaster Joint Marks”). All rights are reserved. You cannot use or display Ancaster Joint Marks without our advance written approval.
- Limited License to Use Services and Ancaster Joint Content For Personal Use Only.If You are a user of our Website or You are enrolled and registered in Services and have paid any corresponding fees, You are authorized to access and use Services and Ancaster Joint content only in association with buying or using Services and subject to these Terms. This right is personal to You and not transferable. Any and all other uses are unlawful and prohibited. This license may be withdrawn or revoked at any time for any reason or no reason. Unauthorized use of Ancaster Joint content is a violation of these Terms and copyright, trademark and other laws. You must maintain all copyright, trademarks, service marks, or other proprietary notices contained in or on Ancaster Joint content provided to You under this limited license. Apart from revoking your access to Services, we reserve all rights in all jurisdictions to prosecute you and/or claim damages, injunctive and any other relief available at law in the event of violation of Ancaster Joint’s intellectual property rights under these Terms.
Ancaster Joint content cannot be copied, reproduced, hosted, conveyed, communicated, republished, uploaded, posted, transmitted, or distributed in any way by You without written permission of Ancaster Joint or the applicable licensor or supplier. If Ancaster Joint content is made available to You to copy or download, You are authorized to download a single copy of that material for Your personal use only in association with the applicable Services. Ancaster Joint content that is not made available for download may not be downloaded or copied by You without prior written permission. Modification, distribution or use of Ancaster Joint content for any other purpose, including any commercial purpose is not authorized and is a violation of the copyright and other proprietary rights of Ancaster Joint or its licensors. For example, You are prohibited from sharing all or part of Ancaster Joint event content or material on social media, the Internet, YouTube or other Internet-based sites and services.
- Prohibited Use. You agree not to access and/or use the Website or Services for any purpose not expressly authorized by these Terms. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial/state or municipal/local rules, laws, or regulations; (d) to infringe upon or violate Ancaster Joint’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, insult, defame, slander, disparage, intimidate, or discriminate based on protected grounds; (f) to submit false or misleading information; (g) to upload or transmit viruses or any kind or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the Website or Services, or any related website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website and Service or any related websites, or the Internet. We reserve the right to terminate your use of the Website and/or Service or any related website for violating any of the prohibited uses.
- Electronic Communications.You consent to Ancaster Joint communicating with you by e-mail or web or Internet posting and you consent to receiving e-mails and other electronic communications from Ancaster Joint to communicate with you about the Services. By using Services or providing any personal information to Ancaster Joint, You agree and consent that Ancaster Joint may communicate with you electronically regarding your use of Services including promoting or making you aware of Ancaster Joint offerings, new services and products. To withdraw your consent to receiving electronic communications from Ancaster Joint you may e-mail us at: firstname.lastname@example.org.
- Suggestions, Feedback and Submissions.We appreciate your comments, feedback and input. However, if you send us ideas or content, we can use it without compensating you and by submitting such content you grant us the unrestricted right to use such content for any purpose or use, including commercial uses, without compensation to you. You are solely responsible for any comments, feedback or input you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
- User Content Disclaimers, Limitations, and Prohibitions.Ancaster Joint does not represent or guarantee the truthfulness, accuracy, availability or reliability of content, posted by users or Ancaster Joint content. You accept that any reliance on such material is at your own risk. By using Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. You agree to use the Services and related content only for their intended purpose. You must use Services and related content in compliance with all privacy, data protection, intellectual property, and other applicable laws.
- Breach or Violation of These Terms will Result Legal Action and Suspension of your use of Services or Content.Should you violate these Terms, as determined in the sole discretion of Ancaster Joint, reserve the right to refuse to provide Services to you in the future for any lawful reason.
- Service Limitations.We can change or cancel the Services at any time. We are not liable for the actions of our users when they use Services. If we change or cancel Services at any time we are not liable for how this may affect you. We do not guarantee the quality or accuracy or availability of any content you view using Services or related content or other websites. We may change, cancel, suspend, or discontinue any aspect of Services at any time, including hours of operation or availability of Services or any feature, without notice or liability.
- ANCASTER JOINT DISCLAIMER OF WARRANTIES.TO THE FULLEST EXTENT POSSIBLE BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF SERVICES IS AT YOUR SOLE RISK, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ANCASTER JOINT, IT’S OWNERS AND AFFILIATES AND THEIR, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES“) EXPRESSLY DISCLAIM ALL CONDITIONS, GUARANTEES, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY OR THROUGH SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, SAFETY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) SERVICES WILL MEET YOUR REQUIREMENTS, (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE THROUGH SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION.Ancaster Joint and its owners and affiliates, and their officers, directors, employees, agents, contractors, service providers, partners, educators, and licensors are not liable for anything that happens to you that may be connected to your use of Services. You may be responsible for our legal fees and costs arising out of your use of Services or any breach by You of these Terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANCASTER JOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ANCASTER JOINT SHALL CREATE ANY WARRANTY.
TO THE FULLEST EXTENT POSSIBLE BY LAW, ANCASTER JOINT AND ITS SUPPLIERS’ AND LICENSORS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF SERVICES OR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) WILL NOT EXCEED GREATER OF $100.00 (CAD) OR THE VALUE OF SERVICES ACTUALLY PAID FOR BY YOU RELATING TO THE CLAIM.
You agree to defend, indemnify, and hold harmless Ancaster Joint and its owners, officers, directors, employees, affiliates, partners, contractors, agents, suppliers and licensors from and against any claims, liabilities, damages, losses, actions, or demands from You or any third party, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of the Website and/or Services, (ii) your use of or reliance on any third party or Ancaster Joint content, (iii) any user content you distribute on or through the Website or Services or which is sent to us by e-mail or other correspondence; or (iv) your breach of these Terms, applicable laws, rules, regulations or rights of another.
- Publicity.You consent to the use of your name, image, and likeness by Ancaster Joint for marketing and promotional purposes associated with Services in any format without any compensation or consideration. If you are an enterprise or corporate client of Ancaster Joint, this shall include use of your corporate name, logo, or trademark and use of any individual participant’s name, image or likeness unless we are notified otherwise in writing in advance of your use of Services.
- General.These Terms and any additional written agreements or terms agreed between Ancaster Joint and You regarding your purchase and use of Services constitutes the entire agreement between you and Ancaster Joint concerning your use of Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. “Ancaster Joint” as used in these Terms means any or all of Ancaster Joint and its affiliates as referred to in these terms as may be applicable to You and your purchase or use of or participation in Services.
- Applicable Law, Waiver of Jury Trial or Class Action, Arbitration; Local Policies, Regulations or Laws.These Terms and the legal and contractual relationship between you and Ancaster Joint shall be exclusively governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably agree to the exclusive jurisdiction of the courts of Ontario for the resolution of disputes between us relating to the Services. You waive the right to any trial by jury in respect of any matters relating to this Agreement and You waive and forever surrender your right to participate in any class action lawsuit in any jurisdiction for any matter or claim relating to or arising from this Agreement or your use of Services. Ancaster Joint may, upon written notice to you and in Ancaster Joint’s sole discretion, elect to have any dispute arising from the Terms or your relationship with Ancaster Joint resolved by mandatory individual private arbitration under the Arbitrations Act of Ontario, with the place of such arbitration to be at Toronto, Ontario. These Terms or portions may vary based on local policies, regulations or laws.
- Contact Us. If you have any questions, concerns or comments, please contact us at:
Mailing Address: Ancaster Joint, 1142 Wilson Street W., Unit 9, Ancaster, ON L9G 3K9.
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