Terms of Use
THIS IS AN AGREEMENT BETWEEN YOU AND Integral Health and Wellness. This is an agreement (“Agreement”) between you and Integral Health and Wellness. (or, if applicable based on where you live, one of its affiliates) (“Integral Health and Wellness”). This Agreement governs your use of any Web site or Web page operated by Integral Health and Wellness. (each, an “Integral Health and Wellness Web Site,” and collectively, the “Integral Health and Wellness Web Sites”). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
Section 1. Integral Health and Wellness OFFERS THE Integral Health and Wellness WEB SITES TO YOU CONDITIONAL ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE Integral Health and Wellness WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Section 2. HOW Integral Health and Wellness MAY MODIFY THIS AGREEMENT – Integral Health and Wellness reserves the right to change the terms, conditions, and notices under which it offers the Integral Health and Wellness Web Sites, including any charges associated with the use of the Integral Health and Wellness Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Integral Health and WellnessWeb Site. Your continued use of the Integral Health and Wellness Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Section 3. ADDITIONAL TERMS – Any Integral Health and Wellness Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Integral Health and Wellness Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Integral Health and Wellness Web Site, then the terms in this Agreement shall control.
Section 4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE Integral Health and Wellness WEB SITES. The Integral Health and Wellness Web Sites are only for your personal use. You will not use the Integral Health and Wellness Web Sites for commercial purposes. You will not use the Integral Health and Wellness Web Sites in any way that is unlawful, or harms Integral Health and Wellness , its affiliates, resellers, distributors, service providers and/or suppliers (each, a “Integral Health and Wellness Party” and collectively, the “Integral Health and Wellness Parties”) or any customer of a Integral Health and Wellness Party, as determined in Integral Health and Wellness’s sole discretion. Integral Health and Wellness may tell you about certain specific harmful uses in a code of conduct or other notices available through a Integral Health and Wellness Web Site, but has no obligation to do so. You may not use the Integral Health and Wellness Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Integral Health and Wellness Web Sites. Without limiting the generality of this section, you may not use the Integral Health and Wellness Web Sites in any manner that could damage, disable, overburden, or impair any Integral Health and Wellness Web Site (or the network(s) connected to any Integral Health and Wellness Web Site) or interfere with any other party’s use and enjoyment of the Integral Health and Wellness Web Sites.
Section 5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY. You will not use the Integral Health and Wellness Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Integral Health and Wellness Web Sites in any way that violates the Integral Health and Wellness Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Integral Health and Wellness may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Integral Health and Wellness Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Integral Health and Wellness Web Sites even if such e-mail does not violate the Anti-Spam Policy.
Section 6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING. For materials you post or otherwise provide to Integral Health and Wellness related to the Integral Health and Wellness Web Sites (a “Submission”), you grant Integral Health and Wellness permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Integral Health and Wellness Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Integral Health and Wellness will not pay you for your Submission. Integral Health and Wellness may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Integral Health and Wellness may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Integral Health and Wellness Parties or any customer of a Integral Health and Wellness Party.
Section 7. SOFTWARE. Your use of any software associated with the Integral Health and Wellness Web Sites will be governed by the terms and conditions of the end user license agreement (“EULA”) accompanying such software. If you receive any software that is not accompanied by a EULA, then Integral Health and Wellness grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Integral Health and Wellness Web Sites and in accordance with this Agreement. Integral Health and Wellness reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Integral Health and Wellness or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Integral Health and Wellness may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Integral Health and Wellness Web Sites.
Section 8. INFORMATION AVAILABLE FROM THE Integral Health and Wellness WEB SITES. Integral Health and Wellness and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Integral Health and Wellness Web Sites, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Integral Health and Wellness Web Sites. Integral Health and Wellness and its suppliers do not authorize the use of information available from the Integral Health and Wellness Web Sites including financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Integral Health and Wellness does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Integral Health and Wellness Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
Section 9. Integral Health and Wellness MAKES NO WARRANTY. Integral Health and Wellness PROVIDES THE Integral Health and Wellness WEB SITES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Integral Health and Wellness PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Integral Health and Wellness PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Integral Health and Wellness WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
Section 10. LIABILITY LIMITATION YOUR EXCLUSIVE REMEDY. IN NO EVENT WILL ANY Integral Health and Wellness PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE Integral Health and Wellness WEB SITES, EVEN IF SUCH Integral Health and Wellness PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE Integral Health and Wellness WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Integral Health and Wellness PARTY WITH RESPECT TO THIS AGREEMENT OR THE Integral Health and Wellness WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Integral Health and Wellness WEB SITES.
CHANGES TO THE Integral Health and Wellness WEB SITES; ADDITIONAL LIABILITY LIMITATION THE Integral Health and Wellness PARTIES MAY CHANGE THE Integral Health and Wellness WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Integral Health and Wellness Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “Content”) originated by Integral Health and Wellness and persons other than Integral Health and Wellness (any such person is referred to as a “Third Party”). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE Integral Health and Wellness PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Integral Health and Wellness IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Integral Health and Wellness WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE Integral Health and Wellness WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE Integral Health and Wellness WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE Integral Health and Wellness WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
Section 11. TERMINATION; ACCESS RESTRICTION – Integral Health and Wellness may terminate this Agreement, or terminate or suspend your access to the Integral Health and Wellness Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Integral Health and Wellness Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION – ANY INFORMATION YOU HAVE STORED ON THE Integral Health and Wellness WEB SITES MAY NOT BE RETRIEVED LATER.
Section 12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. If this Agreement is with Integral Health and Wellness claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Province of British Columbia, without reference to conflict of laws principles. If this Agreement is with a Integral Health and Wellness affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Integral Health and Wellness affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Integral Health and Wellness Web Sites are directed. If this Agreement is with Integral Health and Wellness, you hereby irrevocably consent to the exclusive jurisdiction and venue of provincial or federal courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Integral Health and Wellness Web Sites. If this Agreement is with a Integral Health and Wellness affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Integral Health and Wellness affiliate in all disputes arising out of or relating to the use of the Integral Health and Wellness Web Sites.
Section 13. INTERPRETING THE AGREEMENT; ASSIGNMENT – If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Integral Health and Wellness may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Integral Health and Wellness Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Integral Health and Wellness with respect to the Integral Health and Wellness Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Integral Health and Wellness with respect to the Integral Health and Wellness Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Section 14 .YOU HAVE LIMITED TIME TO BRING YOUR CLAIM – YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Integral Health and Wellness WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Section 15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS – All contents of the Integral Health and Wellness Web Sites are Copyright © 2021-2022 Integral Health and Wellness, and/or its suppliers. All rights reserved. Integral Health and Wellness and/or other Integral Health and Wellness products and services referenced herein may also be either trademarks or registered trademarks of Integral Health and Wellness in Canada, the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.Certain software used in certain Integral Health and Wellness Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved.
OTHER NOTICES
Section 16. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Please feel free to contact us if you have any questions regarding our terms of use.