March 1, 2020
The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by Aesthetics In Podiatry (the “Website”)
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company, All rights reserved.
2. USE OF COMPANY MATERIALS
3. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of Aesthetics in Podiatry.
You further agree not to use and/or access the Website:
To harass, abuse, or threaten others or otherwise violate any person’s legal rights:
To violate any intellectual property rights of us or any third party
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another:
To perpetrate any fraud
To engage in or create any unlawful gambling, sweepstakes or pyramid scheme
To publish or distribute any obscene or defamatory material
To publish or distribute any material that incites violence, hate or discrimination towards any group
To unlawfully gather information about others.
4. ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree that any information posted our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Aesthetics In Podiatry. You further agree that your purchase of any of the products on the Website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.
5. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website:
Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any hose, user or network.
You defend and indemnify Aesthetics In Podiatry and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may rise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
7. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
8. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchant ability . We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
10. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. The maximum liability of Aesthetics In Podiatry arising from your use of the Website is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Aesthetics In Podiatry in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.