TERMS & CONDITIONS
Last updated: May 18, 2018
For greater certainty, “Jenerating Vitality” shall include Jennifer Southam.
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the website (the "Service") operated by Jenerating Vitality ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service constitutes your acknowledgment that you have read and agree to these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms and Conditions, in whole or in part, you are not permitted to use the Service and shall immediately cease use of the Service.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Jenerating Vitality and are protected by copyright, trademarks, database and/or other intellectual property rights. You may not display, copy, download or print portions of the material from the different areas of the Service without the prior written consent of Jenerating Vitality and even with such prior written consent may only do so for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and/or other laws. These Terms do not grant you a license to use any trademark and/or intellectual property of Jenerating Vitality or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Websites
The Service may contain links to third-party websites or services that are not owned or controlled by Jenerating Vitality.
Jenerating Vitality has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services or the use thereof by you. You further acknowledge and agree that Jenerating Vitality 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your use of the Service will immediately cease.
You agree to indemnify, defend and hold harmless Jenerating Vitality, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands in connection with your access to or use of the Service.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Service.
Limitation Of Liability
Jenerating Vitality, its directors, officers, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
All parties accessing or using the Service waive all claims against Jenerating Vitality, its directors, officers, employees, partners, agents, suppliers and affiliates and indemnify, defend and hold harmless Jenerating Vitality its directors, officers, employees, partners, agents, suppliers and affiliates from and against all claims, demands, injuries, losses, actions or causes of action, arising out of or in connection with the use of the Service and the use of the content on the Service.
Disclaimer And Non-Waiver of Rights
Jenerating Vitality makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Jenerating Vitality, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Jenerating Vitality chooses not to immediately act, or chooses not to act at all, Jenerating Vitality will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Jenerating Vitality does not waive any of its rights. Jenerating Vitality shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control.
These Terms and your use of the Service shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. You attorn to the exclusive jurisdiction of the courts of the Province of Ontario.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision(s) shall be considered separate and severable from the remaining provisions of these Terms, which shall remain in effect. These Terms constitute the entire agreement between you and Jenerating Vitality regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you are not permitted to use the website and the Service and shall immediately cease use thereof.
If you have any questions about these Terms, please contact us prior to your use of the Service.