PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Your access to and use of this Website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. We reserve the right to change these Terms of Use on the Website at any time without notice. Please periodically review these Terms of Use. Your continued usage of this Website after such changes constitutes Your acceptance of the new Terms of Use. Do not use the Website if You disagree with these Terms of Use.
WEBSITE USE AND CONSENT
By accessing, browsing, or downloading any information using this Website, You accept, without limitation or qualification, the Terms of Use, our Privacy Policy and any additional Terms of Use that may apply to specific sections of the Website or the products and services available through the Website or from the Service Provider. If You have purchased a service, program or otherwise entered into a separate agreement with Us, You will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict.
The “Website” refers to all of the content, including but not limited to the words, design, layout, logos, images, videos, information, training materials, documents, digital courses, services and/or other materials, and products purchased from the Website (or otherwise from the Service Provider), at https://lovethelifeyoulive.ca, and any of its related subdomains, Websites, associated platforms, landing pages, and email marketing materials operated by the Service Provider (collectively the “Website”) or a successor website as indicated by the Service Provider. “Service Provider”, “I,” “We,” “Our,” or “Us” refers to the owner and operator of this Website, Heather Budd, or any successor Website as indicated by the Service Provider. “You” and “Your” refer to any viewer, user or customer of the Website.
The Website and all its content, including but not limited to logos, video clips, images, documents, digital courses, text, business designations and brand, is protected by trademark or copyright and is property solely owned by Us and/or our affiliates, or licensors unless otherwise noted, and is protected by United States and Canadian intellectual property laws.
YOUR USE AND CONDUCT ON THE WEBSITE
You agree and warrant that You will only access or use the Website for lawful purposes and in accordance with the Terms of Use. And further represent and warrant with respect to Your use of the Website or any account that You make on or through the Website that:
1. You will comply with all applicable laws, rules, and regulations.
2. The Website is for Your personal and non-commercial use only.
3. Provide true, accurate, up-to-date, and complete information about Yourself as
prompted by the Website’s registration form.
4. Use and communicate with others through the Website in good faith.
5. Maintain the confidentiality of Your account and password and restrict access to Your
account to any third party.
6. Be solely responsible for the confidentiality and use of Your password or Username and any activities or communications conducted on this Website using Your password.
7. To notify the Service Provider immediately at info@lovethelifeyoulive.ca if there is unauthorized access to or use of Your account and password or any other security breach.
As a condition of access to and use of the Website, You further agree and warrant that You will not:
1. Harass, harm, or otherwise cause distress to any User or the Service Provider’s enjoyment of the Website or expose either to liability.
2. Disseminate or transmit material that is false, misleading, inaccurate, harmful, exploitive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, disparaging, invasive of another’s privacy, hateful, prejudiced, or racially, or otherwise objectionable, as determined by the Service Provider in Our sole discretion.
3. Upload, post, or otherwise transmit content that includes unauthorized disclosure of anyone’s personal information.
4. Transmit or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of the Service Provider or any third party.
5. Impersonate any person or entity, misrepresent Your affiliation with a person or entity, or disguise the origin of any content transmitted through the Website or to the Service Provider.
6. Post material or engage in any harmful or disruptive behaviour to the Website or services that interfere with any User, third-party or the Service Provider’s uninterrupted use and enjoyment of the Website.
7. Provide, sell, loan, gift access to or use the proprietary materials of the Website or services to a third party.
USER-GENERATED CONTENT
“User-generated Content” refers to any form of content, including but not limited to text, images, documents, videos, testimonials, and audio, that Users have posted on or through interactive features on the Website. You agree that You are entirely responsible for any User-generated Content that You post, submit, display, or otherwise transmit through the Website. The Service Provider may, but is not obligated to, monitor or review User-generated content uploaded by Users to ensure that it is not inappropriate, erroneous, defamatory, libellous, slanderous, obscene, or profane. The Service Provider cannot guarantee the prompt removal of any objectionable materials, including User-generated Content, and has no obligation to do so. The Service Provider has no liability for any action or inaction regarding User-generated Content transmitted by any User or third party on or through the Website.
You agree not to submit any User-generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise offensive. In its sole discretion, the Service Provider may remove, edit, or otherwise alter any User-generated Content from the Website, with or without notice, at any time.
Any User-generated Content that You post to the Website will be considered non-confidential and non-proprietary. You grant the Service Provider an unlimited, non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide license to use, reproduce, copy, post, publish, modify, transform, adapt, translate, create derivative works based upon, make available, and otherwise exploit such User-generated Content, in whole or in part, as deemed fit in the Service Provider’s sole discretion, without the requirement of permission from or payment to You or any other person or entity.
TERMINATION
The Service Provider reserves the right, in Our sole discretion, to edit content, refuse service, terminate accounts, or remove Your access to the Website and its Content at any time without notice.
INTELLECTUAL PROPERTY RIGHTS
Subject to Your compliance with these Terms of Use, the Service Provider hereby grants You a revocable, non-transferable, and non-exclusive license for Your personal or non-commercial use only.
This Website and its Content may not be used in a manner that constitutes an infringement of the Service Provider’s rights. You may not use, reproduce, modify, duplicate, resell or distribute this Website or its Content and/or resources developed solely for Your personal use in any manner or medium (including by email, Website, link, or any other electronic means) for commercial or non-
commercial purposes without the prior written agreement of the Service Provider. Any request for written permission to use our content, or any other intellectual property belonging to us, must be made BEFORE publishing any Content by sending an email to
info@lovethelifeyoulive.ca or completing the “Contact Us” form on this Website. You agree to use the specific content only in the ways or purpose for which the Service Provider has given You its written permission. Use of or alteration of the content in any other way or for any other purpose is a violation of the copyright and other proprietary rights of the Service Provider, as well as other Creators who created the content, and may be subject to monetary damages and penalties. If You choose to use the content in ways or for purposes We have not explicitly given You written permission, You agree now that You will be treated as if You had copied or stolen such content. You consent to stop using such content immediately and to take whatever actions We may request and by the methods and in the time frame that We prescribe to protect Our intellectual property rights in Our Website and its content.
If You believe that Your intellectual property rights are being violated and/or that any work belonging to You has been reproduced on the Website or in the content in any way, You may notify the Service Provider at info@lovethelifeyoulive.ca. Please provide:
1. Your contact information, including name, address, telephone number and email address.
2. a description of the copyrighted work that You claim has been infringed and a description of the infringing activity.
3. all relevant copyright and/or trademark registration information, identification of the location where the original or an authorized copy of the copyrighted work exists.
4. Links to the URL or other specific information on the location of where the material that You claim is infringing is published. (Information provided must be sufficient to allow the Service Provider to locate the material);
5. any other information You believe is relevant.
6. a sworn statement by You, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
MEDICAL DISCLAIMER
You understand that the Service Provider is not acting or providing advice in the capacity of a doctor, licensed dietician-nutritionist, psychologist or any other licensed or registered health care professional or other professional and that any information given is not meant to take the place of advice by these professionals. Any content provided on the Website is not intended to diagnose, treat, prevent, or cure any disease or condition and to take the place of consulting licensed health professionals.
The Website, content, blog, opinions and linked material are for informational purposes only and are not warranted for content, accuracy or any other implied or explicit purpose. You should seek the advice of a competent physician, health practitioner or other applicable professionals before using any materials found here.
AFFILIATE PRODUCTS
Affiliate links may appear in some posts on the Website. You understand and agree that if You make a purchase from, on, or through those websites or their content, all purchases and content on those sites are subject to the Terms of Use of those websites. We may or may not indicate the affiliate status in every reference to products within the Website. I understand that the Service Provider is an affiliate of Juice Plus+, a global leader in functional nutrition. The Service provider may receive a small commission if You click on an affiliate link and
make a purchase. You do not incur any additional costs or charges by clicking on affiliate links. You may choose to purchase Juice Plus products from other affiliates or through juiceplus.com. We appreciate Your support and shopping through our links for the brands and products We love.
THIRD-PARTY LINKS/ RESOURCES
The Website contains links to third-party websites and resources. The linked materials are for informational purposes only and are not warranted for content, accuracy or any other implied or explicit purpose. You acknowledge and agree that the Service Provider is not responsible or liable for the availability, accuracy, content, effectiveness or policies of third-party websites or affiliated material linked to this Website. You acknowledge sole responsibility for and assume all risk arising from Your use of any such third-party websites or resources.
ERRORS AND OMISSIONS
The Service Provider makes no warranty or guarantees as to the accuracy, timeliness, performance, completeness, or suitability of the information on our Website or its content. Every effort has been made to present You with the most accurate, up-to-date information. However, the nature of scientific research is constantly evolving, and We cannot be held responsible or accountable for the accuracy of the content. We assume no liability for errors or omissions on the Website, its content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
TECHNOLOGY DISCLAIMER
You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files You or We store using the Website. The Service Provider uses commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether password-protected, can be entirely impenetrable. Use of the Website is entirely at Your own risk.
EMAIL CONSENT
You consent to the exchange of information and documents between Us electronically over the internet or by email as applicable. You understand that the integrity and security of email or other exchange of information electronically cannot be guaranteed over the internet. The Service Provider will not be held liable for any damage caused through email or other electronic means.
RELEASE
If You have a dispute with one or more other users of the Website, You release the Service Provider, its affiliates and licensors (and its directors, officers, employees, agents and subsidiaries) from any claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
DISCLAIMER OF LIABILITY; NO REPRESENTATIONS OR WARRANTIES
THE SERVICE PROVIDER SHALL NOT BE HELD LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEBSITE. YOU AGREE AND UNDERSTAND THAT YOU ASSUME ALL RISKS, AND NO RESULTS ARE GUARANTEED IN ANY WAY RELATED TO THIS WEBSITE AND/OR ITS CONTENT. YOU AGREE THAT YOUR ACTIONS, DECISIONS AND RESULTS FROM THE USE, MISUSE OR NONUSE OF THIS WEBSITE OR ITS CONTENTS ARE SOLELY YOUR RESPONSIBILITY.
WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, ACCURATE, CORRECT, TIMELY, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. INDEMNIFICATION TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU AGREE AT ALL TIMES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE SERVICE PROVIDER, AS WELL AS ANY OF MY AFFILIATES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, JOINT VENTURE PARTNERS, SUCCESSORS, TRANSFEREES, ASSIGNEES, AND LICENSEES, AS APPLICABLE, FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING LEGAL FEES AND EXPENSES, ARISING OUT OF OR RELATED TO THE WEBSITE, ITS CONTENT OR YOUR BREACH OF ANY OBLIGATION, WARRANTY, REPRESENTATION OR COVENANT SET FORTH IN THESE TERMS OF USE OR IN ANY OTHER AGREEMENT WITH THE SERVICE PROVIDER.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN. FOR THE PURPOSE OF ALL LEGAL PROCEEDINGS, THESE TERMS OF USE SHALL BE DEEMED TO HAVE BEEN PERFORMED IN THE PROVINCE OF ONTARIO, AND THE COURTS OF THE
PROVINCE OF ONTARIO SHALL HAVE JURISDICTION TO ENTERTAIN ANY ACTION ARISING UNDER OR OUT OF THESE TERMS OF USE. YOU AGREE AND WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO THE VENUE OF SUCH COURTS, NOTWITHSTANDING YOUR DOMICILE, RESIDENCE, OR PHYSICAL LOCATION. IN THE EVENT THAT THERE EVER ARISES A DISPUTE WITH RESPECT TO THE USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE, YOU AGREE THAT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE SUCH DISPUTE DIRECTLY USING GOOD FAITH EFFORTS, SUCH DISPUTE SHALL BE SUBMITTED TO BINDING ARBITRATION PURSUANT TO THE ARBITRATION ACT, 1991 (ONTARIO), AS AMENDED FROM TIME TO TIME, AND PURSUANT TO THE CANADIAN EXPEDITED PROCEDURES OF ICDR CANADA IN THE ENGLISH LANGUAGE.
THE ARBITRATION WILL BE HEARD BY A SINGLE ARBITRATOR WHO IS QUALIFIED, AS MUTUALLY AGREED TO BY THE PARTIES. IF THE PARTIES ARE UNABLE TO AGREE UPON A SINGLE ARBITRATOR, EITHER PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR THE APPOINTMENT OF THE ARBITRATOR. THE EXCLUSIVE VENUE FOR ARBITRATION HEREUNDER SHALL BE THE CITY OF TORONTO IN THE PROVINCE OF ONTARIO. THE ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES
HERETO, AND NO APPEALS SHALL LIE THEREFROM. THE PARTIES’ COSTS RELATING TO THE ARBITRATION SHALL BE DETERMINED BY THE ARBITRATOR. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE SOLE AND EXCLUSIVE, AND MAXIMUM REMEDY THAT CAN BE AWARDED TO YOU IN THE EVENT THAT AN AWARD IS GRANTED IN ARBITRATION IS THE GREATER OF ALL, OR A PORTION OF, THE FEES PAID BY YOU OR ANY THIRD PARTY TO THE SERVICE PROVIDER IN THE 12 MONTHS PRECEDING THE ACTION GIVING RISE TO THE LIABILITY OR 250 CAD.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT (WHETHER UNDER ARBITRATION OR OTHERWISE) SHALL EITHER PARTY BE AWARDED OR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFIT, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE BREACHING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT ANY PROVISION OF THIS AGREEMENT IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, ILLEGAL OR UNENFORCEABLE, IN WHOLE OR IN PART, SUCH DETERMINATION SHALL NOT IMPAIR OR AFFECT THE VALIDITY, LEGALITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS AND THE PARTIALLY ENFORCEABLE PROVISIONS HEREOF, AND EACH PROVISION IS SEPARATE, SEVERABLE AND DISTINCT. NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL CONSTITUTE A WAIVER OF ANY OTHER PROVISION, NOR SHALL ANY WAIVER CONSTITUTE A CONTINUING WAIVER UNLESS OTHERWISE EXPRESSLY PROVIDED. YOU AGREE AND CONSENT THAT ANY AND ALL RELATED DOCUMENTS,
INCLUDING NOTICES AND OTHER COMMUNICATIONS, BE DRAFTED IN ENGLISH ONLY. LES PARTIES ONT EXPRESSEMENT EXIGE QUE LA PRESENTE CONVENTION AINSI QUE TOUS LES DOCUMENTS QUI S’Y RATTACHENT, INCLUANT LES AVIS ET AUTRES COMMUNICATIONS, SOIENT REDIGES EN ANGLAIS SEULEMENT.
NO AGENCY
No agency, partnership, joint venture, employee-employer relationship, or franchiser-franchisee relationship is intended or created by these Terms of Use.
FORCE MAJEURE
The Service Provider shall have no liability to You for any breach of these Terms of Use caused by any event or circumstances beyond the Service Provider’s reasonable control, including without limitation strikes, lockouts and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.
PRIVACY
The use by the Service Provider of Your personal information is governed by the Service Provider’s privacy policy (“Privacy Policy”). By using the Website, including User-generated Content, or by submitting Your personal information on or through the Website, You consent to the collection, use and disclosure of Your personal information in accordance with the terms of the Privacy Policy.