The following spells out the terms and conditions ("Terms and Conditions") which apply to your use of the therapy services provided by Pause Therapeutic Massage Inc ("Services") and accessed by you at the Pause Therapeutic Massage Inc website at http://www.Pause Therapeutic Massage Inc/, as may be amended from time to time ("Site"), or otherwise.
1. You acknowledge that you have read the Pause Therapeutic Massage Inc Privacy Policy and hereby consent to the collection, use and disclosure by Pause Therapeutic Massage Inc and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the Privacy Policy.
2. The Services are provided to individuals and for personal use only. Any unauthorized commercial use of the Services or resale of the Services is strictly prohibited. Pause Therapeutic Massage Inc reserves the right to refuse to provide the Services to anyone and for any reason.
3. Nothing within the Services shall be construed as conferring any license under any of Pause Therapeutic Massage Inc or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the Services are owned by Pause Therapeutic Massage Inc, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You release and forever discharge (for and on behalf of yourself, your heirs, executors and administrators) Pause Therapeutic Massage Inc and all its employees, officers, directors, principals, shareholders and agents, from any actions, claims or demands that you now have or ever will have against Pause Therapeutic Massage Inc for the use of the Works, provided that they were used for legal purposes.
4. You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Services, in accordance with the rates and Terms and Conditions established from time to time by Pause Therapeutic Massage Inc. Such rates and Terms and Conditions will be posted on the Site or otherwise made available to you by Pause Therapeutic Massage Inc. Any and all amounts payable for Services shall be payable in advance and Pause Therapeutic Massage Inc shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any Services.
5. You agree to pay all costs incurred by Pause Therapeutic Massage Inc in the collection of any delinquent charges due for the Services or in the enforcement of these Terms and Conditions, including without limitation, lawyers' fees.
6. YOU ACKNOWLEDGE AND AGREE THAT:
a. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS;
b. Pause Therapeutic Massage Inc IS NOT RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH SITE OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE SERVICES, BY YOU OR ANY THIRD PARTY; AND
c. Pause Therapeutic Massage Inc EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY.
7. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Pause Therapeutic Massage Inc, AND ITS PRINCIPALS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SHAREHOLDERS (COLLECTIVELY, THE " Pause Therapeutic Massage Inc ENTITIES" AND EACH, A " Pause Therapeutic Massage Inc ENTITY") BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THE SERVICES. IF CIRCUMSTANCES DO ARISE IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE Pause Therapeutic Massage Inc ENTITIES, THE AGGREGATE LIABILITY OF THE Pause Therapeutic Massage Inc ENTITIES FOR DAMAGES IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO Pause Therapeutic Massage Inc. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY, IN WHICH CASE, SOME OF THE EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU.
8. You agree to indemnify the Pause Therapeutic Massage Inc Entities from any loss or damages, including without limitation reasonable legal fees, which they may suffer from your use of the Service including, without limitation, any breach by you of these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any claim. Pause Therapeutic Massage Inc reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
9. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under these Terms and Conditions.
10. These Terms and Conditions represent the entire agreement between Pause Therapeutic Massage Inc and you concerning the Services. Pause Therapeutic Massage Inc’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any other provision or right. In the event that any portion of the Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the Terms and Conditions shall remain in full force and effect.
