Updated Date: December 17th, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.fxvitality.com website (hereinafter, the "Site") and/or the services (hereinafter, the "Services")
This website is owned and operated by Noelle David (hereinafter, "us", "we", "Fx Vitality and Functional Medicine", "Fx Vitality and Functional Medicine Canada", "our"). By using our website(hereinafter, the "Site") and/or the services (hereinafter, the "Services") YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DISAGREE WITH ANY PART OF THE TERMS AND CONDITIONS THEN YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE.
We reserve the right to modify these Terms of Service at any time or to impose new conditions on the use of the Site and or services, from time to time, in which case we will post the revised Terms of Service on this site. YOUR USE OF ANY OF THE SITE AND/OR SERVICES AFTER WE POST ANY SUCH CHANGES SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH CHANGES.
It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without express written consent of fxvitality.com, us.
- Professional Advice Disclaimer
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE: THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT TO BE USED AS THE BASIS FOR TREATMENT OF ANY CONDITION OR ILLNESS. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
ALWAYS CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED ON THIS SITE IS INTENDED OR IMPLIED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. THIS SITE DOES NOT CONSTITUTE AN ATTEMPT TO PRACTICE MEDICINE OR PHARMACY NOR DOES IT ESTABLISH A DOCTOR/PHARMACIST-PATIENT OR HOSPITAL PATIENT RELATIONSHIP.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR SEEN ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
WE ENCOURAGE YOU TO CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROVIDER. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
While the site attempts to remain current, health care information changes rapidly and thus the site should not be relied upon as comprehensive or error-free. The website reserves the right to change this disclaimer or other terms and policies from time to time.
- Limitations Of Liability
THE SITES AND THE SERVICES and THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON, OBTAINED ON OR THROUGH THE SITE AND BY US AND BY OR TROUGH ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, or THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE
SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
We shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE UNDER ANY CIRCUMSTANCES, (EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF DAMAGES),
1) FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY to THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES, (INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES).
2)FOR STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES, ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES, ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES, ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITES.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION'S LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND( DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING FROM BUT NOT LIMITED TO DIRECT, INDIRECT , INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND FX VITALITY AD FUNCTIONAL MEDICINE CANADA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
- Third Party Content And On Line Commerce With And Without Third Party
Our Sites and or Services may contain links to third-party web sites or services that are not owned or controlled by us. This does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such web sites or services.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties such as, but not limited to, Fullscript, and any other third party sites/companies. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.
- Limited License And Use Of Services
Our Services shall contain, without limitation, online and offline services and products, including articles, blogs, newsletters, tools, email services, forums, communities, social networking platforms and various other message communication applications.
We grant to you a limited personal, non-exclusive and non-transferable right and license to access the Sites and use the Services thereon. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
In connection with your use of the Sites and/or the Services, you acknowledge and agree that you will not:
a) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or the Services;
b) post or transmit any material that contains a virus or corrupted data;
c) you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to us through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
- General Information
- This Agreement constitutes the entire agreement and understanding between you and FX VITALITY AND FUNCTIONAL MEDICINE CANADA and governs your use of the Sites and the Services, superseding any prior agreements between you and FX VITALITY AND FUNCTIONAL MEDICINE CANADA. This Agreement and the relationship between you and FX VITALITY AND FUNCTIONAL MEDICINE CANADA WILL be governed by and construed in accordance with the laws of the Province of NOVA SCOTIA, without regard to its conflict of law provisions. You and FX VITALITY AND FUNCTIONAL MEDICINE CANADA irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and PROVINCIAL courts located within the county of HALIFAX, in the Province of NOVA SCOTIA, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of FX VITALITY AND FUNCTIONAL MEDICINE CANADA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by FX VITALITY AND FUNCTIONAL MEDICINE CANADA of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.