Words You Need to Understand
“You” means any user of any of our Website, Services, and Content.
“Company”, “we”, “us” or “me” means Empower Health and Cancer Wellness Inc.
“Services” means the provision of content for educational and informational purposes that is not permitted to be reproduced or used in your own business for commercial use or in a way that earns you money. Services may be delivered in ways including but not limited to in-person, phone, Zoom, Skype, webinars, Facebook Live Videos, teleseminars, videos, audios, books, e-books, products, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, individual consulting sessions, group programs including but not limited to masterminds, classes, workshops, events, retreats, seminars, or trainings.
“Content” means any video, audio, printed or written text or work including but not limited to drafts, online or printed documents, or other materials created by us that are provided to you for your educational and informational purposes through our Website and Services.
“Improper and/or Unauthorized Use” includes and is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Content or any other information accessed through our Website, Services and Content for your own business or commercial use or in any way that earns you money or that you trade for valuable consideration.
How You May Use The Website
Intellectual Property Rights
Our Limited License to You
Our Website, Services and Content are our property, and are protected by copyright, trademark, and other intellectual property laws. This means you can only use and access our Website, Services and Content in the ways and to the extent we say you can, i.e., as described in greater detail in the following paragraphs.
If you access or use our Website, you will be considered our Licensee. To clarify, all content obtained through us is solely and completely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may not use the Website, Services and Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason unless you ask us in writing if you may do so, and we answer in writing and state that you may do so.
Information You Must Not Share with Others
As a Licensee, you understand and acknowledge that our Website, Services and Content have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from Improper and/or Unauthorized Use.
By using our Website and Services and viewing our Content, you agree that you are clearly and expressly prohibited from doing any of the following acts:
- You will not in any way use, copy, adapt or represent any of our Website, Services or Content in any way as if they are yours or created by you.
- You will not engage in the Improper and/or Unauthorized Use of the Website, Services or Content.
- You will not duplicate, share, trade, sell, or otherwise distribute to any other person, for their personal, business, or commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Content for their own personal, business or commercial use. This means you cannot share or sell any part of our Services and Content to another person or business, so they can copy, reproduce, sell and/or use them for their own personal, business or commercial use or in any way that earns them money or for valuable consideration.
- You are the only one granted a limited licence to use our Website, Services and Content.
- You will not violate our intellectual property rights, including copyright and trademark rights by downloading, printing, or otherwise using our Website, Services and Content for publication or compilation into your own Website, Services or Content for your own personal, business or commercial use or in any way that earns you money.
- You will not use our Website, Services or Content in a manner that constitutes an infringement of our rights or that we have not first approved in writing.
- You may not engage in Improper and/or Unauthorized Use of our Content or any other information related to our Website, Services and Content.
Your Licence to Us
By posting or submitting any material on or through our Website, Services or Content such as comments, posts, photos, images or videos or other contributions, you are representing and warranting that you are the owner of all such materials and are at least 18 years old. Furthermore, you consent to the following:
- When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, Services and Content you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or in any medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website Services and/or Content we may develop. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
- You also grant us, and anyone authorized by us, the right to identify you as the author of any of copy, comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind, and that we may elect to cease the use and display of any such contributions on the Website, Services and Content in our sole discretion, at any time for any reason whatsoever.
By using our Website and Content and participating in our Services, including on social media, you consent to photographs, videos, audio recordings, transcripts, copy or written or printed text that may contain you, your voice and/or your likeness, any we reserve the right to use them in our sole discretion in our current or future Website, Services or Content and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request from You for Permission to Use Content We Have Created and Shared with You
If you are granted permission by us, you agree to use the SPECIFIC CONTENT that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we say and prescribe to protect our intellectual property and ownership rights in our Website, Services and Content.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgement in using our Website, Services and Content, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Website, Services and Content. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Website, Services and Content.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website, Services and Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental distress, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, in law or in equity, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other service or user, including you.
Medical/Health Information Disclaimer
We have created and compiled health-related and medical-related information (including any facts, views, opinions, recommendations, descriptions of, or reference to, products, services and medications). Such health-related and medical-related information made available on our Website, Services and Content is solely for informational purposes. This information is not intended to replace or modify the medical advice of your doctor or health care provider. Please consult your health care provider for advice about a specific medical condition.
Please remember that the information, in the absence of a visit with a health care professional, must be considered as an informational/educational service only and is not designed to replace a physician’s independent judgment about the appropriateness of risks of a procedure or condition for a given patient.
You should always seek the advice of your physician or other qualified health provider with questions you may have regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of information you have read or otherwise obtained from our Website, Services and Content.
We make no warranties as to our Website, Services and Content. You agree that our Website, Services and Content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant IN LAW AND IN EQUITY, we disclaim all warranties, express or implied, including but not limited to, implied and non-infringement. We do not warrant that the Website, Services and Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of our Website, Services or Content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the information on our Website or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website, Services or Content. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties. These links are provided for your convenience and the inclusion of any link on our Website, Services and Content to any other website does not imply our endorsement, sponsorship, or approval of that website or of its owner. We assume no responsibility for errors or omissions caused by other websites that may be included in our Website, Services and Content. We have no control over the contents or functionality at those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content.
Indemnification, Limitation of Liability and Release of Claims
Limitation of Liability
We will not be held responsible or liable in any way for the information that you request or receive through or on our Website, Services and Content. We do not assume liability or accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.
We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors or otherwise who is information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on the Website, Services and Content and you hereby release us from any and all such claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by applicable law.
You are agreeing that you will not use our Website, Services and Content in any way that causes or is likely to cause the Website, Services and Content or access to them either to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Website, Services and Content for lawful purposes only.
CONFIDENTIALITY AND PRIVACY
We may also in our sole discretion and at any time discontinue providing the Website, Services and Content, or any parts of Website, Services and Content with or without notice. Any suspension and/or termination of your access to our Website, Services or Content may be effected without prior notice.
We shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with our Website, Services or Content or with any terms, conditions, rules, policies, guidelines, or practices of Website, Services and Content, you should discontinue use immediately.
It is hoped that should we ever have any differences; we will be able to work them out amicably through email correspondence and telephone conference calls. However, should we be unable to seek resolution within a reasonable time as determined in our sole discretion, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator who practices in the province of Ontario, selected jointly by us.
We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment in any court of competent jurisdiction in Ontario.
You also agree that should arbitration take place, it will be held in the City of Toronto, in the Province of Ontario, Canada, as this is where our business is located, and you further agree that the winning party shall be entitled to all reasonable lawyer’s fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, whether in public or in private including but not limited to on social media, either directly or indirectly, designed to disparage us, our company, or our Website, Services and Content. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
If any provisions in the Agreement are construed by a court of competent jurisdiction to be void or unenforceable for any reason, it shall be deemed to be severed from the Agreement and shall not affect the validity or enforceability of all other provisions in the Agreement, which shall remain in full force.