Terms of Use

TERMS OF USE
As of November 15, 2015

1. Scope
1.1 This Web Site ("Web Site") is operated and provided by The Physio Store Inc., an Ontario Corporation (“The Physio Store”) and/or its affiliates in Canada.  PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE, as any use of this Web Site, including browsing and any sale of products or services offered on this Web Site, is subject to the legal terms and conditions outlined below (the “Terms of Use”). These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services, without prior notice. With log-in, or where a log-in is not required, in accessing or using The Physio Store Web Site, these Terms of Use are accepted in their then current version, and you agree to follow and be bound by them.

2. Services
2.1 The Physio Store Web Site contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.

2.2 The Physio Store may stop the operation of The Physio Store Web Site in full or in part at any time. Due to the nature of the internet and computer systems, The Physio Store cannot accept any liability related to the continuous availability of The Physio Store Web Site.  The Physio Store is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. 

2.3 The Physio Store reserves the right to change or discontinue, temporarily or permanently, the Web Site and any products and services available on the Web Site, including but not limited to revising or deleting features or other information without prior notice to you.

2.4 The Physio Store website does not provide medical or physiotherapy advice of any kind.  All content on The Physio Store website including text, images, video, graphics, and other information, whether provided by The Physio Store or by its staff (under "Ask a Physio"), does not constitute medical advice of any kind, and is not intended to be, and should not be, used to diagnose or identify treatment for a medical condition and may not be relied upon by you as medical or health care advice.  You are advised to always seek the advice of a physician and/or qualified physiotherapist or other health practitioner in your area BEFORE taking any action, ordering or starting to use any product from The Physio Store website.  The Physio Store is not responsible or liable for any failure to follow the foregoing advice.

2.5 The Physio Store has some sections intended as an educational resource for you to learn about issues relating to physiotherapy. There is absolutely no assurance that any statement contained or cited in the Content touching on medical matters is true, correct, precise, or up-to-date. Even if a statement made about medicine is accurate, it may not apply to you or your symptoms. If you are a patient or suspect that you are suffering from a medical condition, see your health practitioner for medical advice and diagnosis. If you are affected by any potential health or medical emergency, call your local emergency service immediately.

3. Rights of Use for Content, Information, Software and Documentation
3.1 The use of any Content (as defined below), information, software, documentation or otherwise made available on or via this The Physio Store Web Site is subject to these Terms of Use or, subject to the applicable license terms agreed to with The Physio Store. Separately agreed to license terms shall prevail over these Terms of Use.

3.2 The Physio Store grants you a non-exclusive and non-transferable license, which may not be sublicensed, to use the Content, information, software and documentation made available to you on or via the The Physio Store Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by The Physio Store in making same available, provided that you shall use this Web Site for personal, non-commercial use only, and shall not remove any trademark, copyright or otherwise contained on this Web Site.  The Physio Store may revoke this license at any time and without notice, for any reason including but not limited to breach of these Terms of Use.

3.3 The Content of this Web Site may not be distributed by you to any third party at any time nor may it be rented or in any other way made available for any purpose including without limitation compiling an internal database, redistributing or reproducing the Content of this Web Site by the press or media or through any commercial network, cable or satellite system, or creating derivative works of the Content of this Web Site. Unless such is allowed by mandatory law, you shall not modify the Content of this Web Site nor shall you disassemble, reverse engineer, adapt, translate, transmit, arrange, modify, copy, publish, decompile or make available to any person or otherwise use, either directly or indirectly, the Content of this Web Site or any part thereof by any means whatsoever.

3.4  All Content of this Web Site, including without limitation all text, design, graphics, drawings, photographs, e-mails, pictures, video, code and software and all organization and presentation or such content (the “Content”) is protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. You shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the Content, software or documentation, or any copies thereof.

The copyright and trademarks with respect to some Content on this Web Site are owned by third parties.  Nothing contained on this Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Web Site or any information displayed on the Web Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with the prior written permission of The Physio Store or the prior written permission from such third party that may own the trademark or copyright of information displayed on this Web Site.

4. Intellectual Property
4.1 Notwithstanding the particular provisions in Section 3 of these Terms of Use, information, brand names and other Content of The Physio Store Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of The Physio Store.

4.2 Except for the rights of use and other rights expressly granted herein, no other rights are granted to you nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

5. Your Duties
5.1 In accessing or using The Physio Store Web Site you shall not:

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which you are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and you shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

5.2 The Physio Store may deny access to The Physio Store Web Site at any time, in particular if you breach any obligation arising from these Terms of Use.

5.3 This Web Site is not intended to be used by children under the age of 18, or the age of majority in your jurisdiction.  By registering on The Physio Store Web Site, you acknowledge and represent that you are an individual who is at least 18 years of age, or at least the age of majority in your jurisdiction. 

6. Hyperlinks
The Physio Store Web Site may contain hyperlinks to the web pages of third parties. The Physio Store shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as The Physio Store does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at your sole risk.
The Physio Store assumes no responsibility for the actions of third parties who provide services to users of this Web Site through their own third party web sites. 

7. Data Privacy Protection
For collection, use and processing of personally identifiable data of the user of The Physio Store Web Site, The Physio Store shall comply with applicable laws on data privacy protection and The Physio Store Privacy Policy which is available on this Web Site.
You have read The Physio Store Privacy Policy, the terms of which appear on www.thephysiostore.com and are incorporated into these Terms of Use, and agree that the terms of such policy are reasonable.  You consent to the collection, use and disclosure of your personal information by The Physio Store and/or third parties in accordance with the terms of and for the purposes set forth in The Physio Store Privacy Policy.

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