1. AGREEMENT
This Terms of Use Agreement (the “Agreement”) is a unilateral contract with you (the “User”), as user of this Website, and ONFORM coaching, as the owner and operator of this Website. By accessing and using this Website, the User agrees to be bound by the Terms and Conditions of this Agreement and the Privacy Policy published on this Website.
This Agreement provides the terms and conditions under which the User may access and use this Website. The User acknowledges that they have read and agree to be bound by these Terms of Use and the Privacy Policy published on this Website, at all times, whenever using this Website and during the course of this Agreement.
ONFORM coaching retains the exclusive right to edit, amend or update any or all of this Agreement and the Privacy Policy at any time. It is therefore recommended that the User review this Agreement on a regular basis.
The User acknowledges and agrees that this is an entire agreement between itself and ONFORM coaching relating to the access and use of this Website and the Content within it. This Agreement applies to all users of this Website, including users who are contributors of video content, information, and other materials or services of this Website.
2. ACCESS
ONFORM coaching hereby grants the User permission to use the Website in accordance with this Agreement, provided that:
(a) use of the Website is solely for the personal use of the User;
(b) the User shall not copy any part of this Website in any medium or manner inconsistent with this Agreement without ONFORM coaching’s prior written consent;
(c) the User shall not alter or modify any part of this Website;
(d) the User shall not disrupt or interfere with the security or otherwise cause harm to this Website, its servers or networks, system resources, passwords, accounts of the Website, or do anything that would harm this Website or the infrastructure of this Website; and
(e) the User shall not use this Website or any content or information received from this Website in any manner which is contrary to this Agreement, or otherwise not for the purpose of which it was intended, in the sole and absolute discretion of ONFORM coaching.
3. LIMITED LICENSE
Subject to the terms of this Agreement, the User is hereby granted a limited, non-transferrable, and non-exclusive license to access, view and use this Website for personal and non-commercial use only.
4. NO HEALTH ADVICE
All information found and made available on this Website, regardless of form or content, is for information purposes only. It is not, and shall not be taken as health-related advice. The User shall not rely on, take, or fail to take, any action based upon information found on this Website. This extends to the Testimonials of previous clients that may be posted on this Website. The User acknowledges that results and experiences found in the Testimonials are personal to those individuals, and that there is no promise, representation, or warranty made by ONFORM coaching that the User will experience similar results if engaging the health coaching services of ONFORM coaching.
The presentation of information on this Website shall not establish any form of relationship between ONFORM coaching and the user, including that of a health coach and client relationship.
5. WEBSITE CONTENT
Any and all materials displayed or otherwise accessible through this Website, including but not limited to text, graphics, videos, photos, trademark laws, logos and other materials (collectively the “Content”) are protected by intellectual property laws, and are owned by ONFORM coaching and its licensors, or the party accredited as the provider of the Content. Any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of this Website or of its Content, whether in whole or in part, is strictly prohibited without the express prior written consent of ONFORM coaching.
ONFORM coaching reserves the exclusive right to exercise any means necessary to prevent unauthorized access to or use of this Website.
6. THIRD-PARTY WEBSITE LINKS
This Website may contain links to third-party websites. ONFORM coaching provides such links solely as a convenience to the User and does not endorse the content of these third-party websites. The User acknowledges and is aware that operators of linked websites may collect cookies when linked to their website. ONFORM coaching is not in any way responsible for the content of any third-party website, nor does it make any representation, warranty, or promise of any kind regarding any third-party website, including, without limitation:
(a) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, or suitability of any content on any third-party website;
(b) the collection, use, and/or disclosure of personal information and information generated through the use of cookies when linked to any third-party website;
(c) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party website; and
(d) any representation or warranty that the operation of the third-party web site will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected, or that such third-party web sites will be free from viruses or other harmful components.
The User understands and agrees that ONFORM coaching’s Privacy Policy is applicable only while the User is a Client or using this Website. Once a User is linked to another web site, they are doing so entirely at their own risk, and should review the privacy policy of that website before disclosing any Personal Information (as defined in the Privacy Policy).
7. NO LIABILITY
Subject to applicable law, in no event shall ONFORM coaching, its employees, consultants, agents, or licensors (the “Released Parties”) be liable for damages of any kind and in any nature whatsoever including, without limitation, any direct, indirect, special, punitive, incidental, or consequential damages, or for any loss whatsoever, arising from the User’s use of this Website or the Content, regardless of the cause and whether arising in contract, tort, or any other area of law. The foregoing limitation shall apply even if ONFORM coaching knew or ought to have known of the possibility of such loss or damages.
8. DISCLAIMER OF WARRANTIES
The User acknowledges and agrees to use this Website and the Content, if applicable, at their own risk and liability.
This Website and the Content provided is “as is” and “as available”, without warranty or condition of any kind, either express or implied. ONFORM coaching expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to this Website and the Content, to the fullest extent permissible under applicable law.
No representations or warranties are made regarding this Website and/or the Content including, without limitation, no representation or warranty that:
(a) this Website or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose;
(b) the operation of this Website will be uninterrupted or error-free;
(c) that defects or errors in this Website or the Content will be corrected;
(d) that the Website will be free from viruses, malware, worms or other harmful mechanisms; and
(e) that communications to or from the Website will be secure and/or not intercepted.
9. RELEASE AND INDEMNIFICATION
The User hereby agrees to release the Released Parties from any and all liabilities and damages whatsoever or arising from the use of this Website, the Content or otherwise relating to this Agreement and the User agrees that the sole remedy for any claim, loss, damage, or costs is to cease using this Website. In no event shall any of Released Parties be liable to the User or any other person or entity, for the use of this Website.
The User shall indemnify and hold each of the Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from the User’s use of this Website, the Content or otherwise relating to this Agreement. The User shall also indemnify and hold the Released Parties harmless from and against any claims brought by third parties arising out of the User’s use of this Website.
10. PRIVACY POLICY
ONFORM coaching agrees to treat any personal information submitted through this Website in accordance with its Privacy Policy. The User acknowledges and confirms that they have reviewed and read the Privacy Policy located on this Website. The User hereby consents to the use of personal information by ONFORM coaching in accordance with the terms and limited purposes set forth in the Privacy Policy.
11. SECURITY
The User acknowledges and agrees that ONFORM coaching cannot guarantee security of any communication to or from the Website. ONFORM coaching does not assume any responsibility or risk for the User’s use of this Website. As such, ONFORM coaching strongly recommends that the User does not provide any personal information when using the Contact page on this Website.
12. TERMINATION
ONFORM coaching retains the exclusive right to cancel or terminate the User`s use of this Website, in its sole and unfettered discretion, at any time and without any notice. In the event of Termination, the User shall no longer be authorized to access this Website or any part of the Website affected by such cancellation or termination. The restrictions imposed upon the User with respect to both this Website and its Content set out in this Agreement shall survive the use of this Website.
13. GENERAL
If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.
ONFORM coaching shall not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by ONFORM coaching. No delay or omission by ONFORM coaching in exercising its rights or remedies will impair or be construed as a waiver, and any single or partial exercise of a right or remedy will not preclude the further exercise of any other right or remedy.
The User agrees that this Website shall be deemed as being solely based in Ontario, Canada, and that this Agreement shall be governed by the laws of the Province of Ontario, Canada, whose courts shall have exclusive jurisdiction. The User agrees that any cause of action against ONFORM coaching in relation to this Website must be commenced within one (1) year after the cause of action accrues, or such cause of action shall be permanently barred.