Acceptance

By using or visiting attuneactiveaging.com or attuneactiveaging.ca websites (collectively the “Website Service”), you agree to both these Conditions of Use (“Conditions of Use”) and the Privacy Policy[ntd – insert hyperlink], which are a part of the Conditions of Use.If you do not agree to any of these terms, you may not use the Website Service. These Conditions of Use apply to all users of the Website Service, including without limitation,users who are contributors of video content, information, and other materials or services on the Website Service.

Website Service Access

Attune Aging Strategies and Solutions Inc. (“Attune”) hereby grants you a revocable and limited non-exclusive non-transferable non-sublicensable license to access and make personal and non-commercial use of the Website Service in accordance with these Conditions of Use, so long as you comply with these Conditions of Use.

This license does not include: any resale or commercial use of any product or service on the Website Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of theWebsite Service or its contents; or any use of data miningor similar data-gathering and extraction tools.

The Website Service and any part of any Website Service shall not be reproduced, distributed, duplicated, copied, sold, resold, visited, or otherwise exploited in any medium or manner inconsistent with these Conditions of Use.

You may not use any meta tags or any other “hidden text” utilizing Attune’s name or trademarks without the express written consent of Attune. You may only use the Website Service as permitted by law and you shall not misuse the Website Service.

Termination

Your license to use the Website Service shall automatically terminate if you violate anything in these Conditions of Use.  Attune may terminate your license to use the Website Service at any time.

Intended Users of the Website Service

This Website Service is intended for people over the age of eighteen (18) years old who are not pregnant or breastfeeding and do not have serious medical conditions.

No Medical Advice Provided

All content provided by way of the Website Service is for informational purposes only.  Nothing on this Website Service is meant to replace or supersede the advice of any medical professional.

You agree to use the Website Service and use and rely on all content provided through the Website Service at your sole risk.  We recommend that you always obtain medical advice from a qualified medical professional concerning your health, medical condition, and anything you find on our Website Service.  Nothing on the Website Service should cause you to disregard the medical advice you have received or to delay in seeking out such advice.  The Website Service is not a substitute for medical advice, diagnosis, or treatment.

Your Account

In order to access some features of the Website Service, you may have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Attune immediately of any breach of security or unauthorized use of your account. Although Attune will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Attune or others due to such unauthorized use.

Data Usage

Attune reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Attuneshould the total amount of data transfer exceed an amount deemed excessive in Attune’s sole discretion.

Search Engines, Spiders, Robots, Etc.

You agree not to use or launch any automated system, including without limitation, “robots”,“spiders”, “offline readers”,etc., to access the Website Service.

Notwithstanding the foregoing, Attune grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Attune reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including, but not limited to, account names, from the Website Service.

Exercise and Other Health Programs on this Website Service

We at Attune strongly recommend that you obtain professional medical advice before engaging in any exercise or exercise program that may be on the Website Service.We also recommend that you obtain medical advice before changing your diet.  Not everyone can perform all exercises.  Do not continue an exercise when you feel pain. The Website Service is not intended to substitute for actual medical advice.

You agree that you engage in any exercise programs and exercises on the Website Service, use the Website Service, use the content of the Website Service, and use any products or services provided by way of the Website Service voluntarily and at your own risk.

As the possibility exists of injury or death when you participate in any exercise or exercise program, Attune requires that you obtain medical advice before engaging in any exercise or exercise program you may find through the Website Service.

Attune is not responsible for any health problems you may suffer as a result of any content of the Website Service or of your use of the Website Service or of any products, services, or other content you may receive by way of the Website Service.  Attune is not a license medical care provider.  Although we do our best to remove all errors from the Website Service, Attune is not responsible for the accuracy, reliability, effectiveness, or correct use of the information you receive through the Website Service.  Furthermore, we do not endorse any information, products, services, or recommendations that you may find on the Website Service.

Intellectual Property Rights

The content on the Website, except for User Submissions, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Attune, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website Service is provided to you ‘AS IS’ for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Attune reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including without limitation any use, copying, or distribution of User Submissions of third parties obtained through the Website Service. You agree not to circumvent, disable or otherwise interfere with security related features of the Website Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website Service or the Content therein.

Electronic Communication

You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

User Submissions

The Website Service may permit the submission of comments or videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions.

You understand that regardless of whether such User Submissions are published and regardless of category, Attune does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that Attune may place advertising on the Website Service in conjunction with User Submissions.

You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:

1.you own or have the necessary licenses, rights, consents, and permissions to use and authorize Attune to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Conditions of Use; and

2.you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Conditions of Use. Y. However, by submitting the User Submissions to Attune for public use, you hereby grant Attune a worldwide, non-exclusive, perpetual, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website Service and Attune’s business, including without limitation for promotion and redistribution of part or all of theWebsite Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of theWebsite Service a non-exclusive license to access your User Submissions, if submitted for public use, through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website Service and under these Conditions of Use.

For User Submissions you submit, you further agree that you will not:

  1. submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including but not limited to privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Attune all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage Attune or any third party;
  3. submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements or solicitations of business;

Attune does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Attune expressly disclaims any and all liability in connection with User Submissions.  Attune will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights.  Attune also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Conditions of Use as concerns pornography, obscene or defamatory material, or excessive length.Attune reserves the right to remove Content and User Submissions without prior notice and to terminate a User’s access to the Website Service, if such User is in violation of these Conditions of Use.  Attune reserves the right to discontinue any aspect of the Website Service at any time.

You understand that when using the Website Service, you will be exposed to User Submissions from a variety of sources, and that Attune is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Attune with respect thereto.

You are and shall remain solely responsible for your User Submissions on or through the Website Service under your username or otherwise and for the consequences of submitting and posting same. We have no duty to monitor or review any User Submissions.

Also, you should be skeptical about information provided by others, and you acknowledge that the use of any User Submission posted on the Website Service is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users of the Website Service and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to your User Submissions.

Third Party Websites

The Website Service may contain links to third party websites that are not owned or controlled by Attune.  Attune assumes no responsibility for these third party websites. By using the Website, you expressly discharge Attune from any and all liability arising from your use of any third-party website and from anything appearing on or accessible through such third party websites. 

Warranty and Indemnity

THE FOLLOWING LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES MAY NOT APPLY IN YOUR JURISDICTION, THEREFORE SOME OR ALL OF THE FOLLOWING DISCLAIMERS, EXCLUSION, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree that your use of the Website Service is at your sole risk. Attune provides the Website Service on an “as is” and “as available” basis.  Attune makes no representation or warranty of any kind concerning the operation of the Website Service or any other products or services offered via the Website Service.  Attune makes no warranty concerning bugs, viruses, trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. Attune does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website Service or any hyper-linked website.

To the full extent permissible by applicable law, Attune disclaims all warranties and conditions, including without limitation warranties of title, merchantable quality, and fitness for a particular purpose and in no event shall Attune, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website Service, Content, or products included on or otherwise made available to you by, from, or through the WebsiteService.

You agree to defend, indemnify and hold harmless Attune its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. your use of and access to the Website Service;
  2. your violation of any aspect of these Conditions of Use;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Conditions of Use and your use of the Website Service.

Risk of Loss

The risk of loss and title for any products you purchase through the Website Service pass to you upon our delivery to the carrier.

Returns, Refunds and Title

Product orders from Attune, except orders for digital products, may be returned to Attune for a full refund if we receive the product back within thirty (30) days of your receipt.  You will be solely responsible for shipping and the cost of shipping the product back to Attune.  Any books must be returned in mint condition.  All purchases of digital products are non-refundable.Returns shall be mailed to 243 McCraney Street West, Oakville, Ontario,  L6H 3A9, Canada.

Product Descriptions

We strive to make the product descriptions on the Website Service as accurate as possible.  However, we do not warrant that any product description is accurate, complete, reliable, or error-free.  If a product description on the Website Service is not accurate for a product, as long as you have not opened or used the product, your sole remedy is to return it to Attune.

Pricing

All prices are in Canadian currency, unless otherwise stated.  We only confirm the price of an item once you order it.  Some products will be mispriced on the Website Service.  If you order a mispriced product, we will either cancel your order and notify you of such cancellation or we will contact you to notify you of the error. 

General

You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Conditions of Use, and to abide by and comply with them.

Attune does not warrant that anything appearing on the Website Service is accurate, complete, or current. 

Attune may make changes to any Content on the Website Service at any time without notice.  Attune makes no commitment to update the Website Service or the Content on it.You agree that the Website Service shall be deemed solely based in Ontario, Canada and that these Conditions of Use shall be governed by the laws of the Province of Ontario, Canada whose courts shall have exclusive jurisdiction.Notwithstanding any other provision expressed or implied in the Conditions of Use, each party hereby attorns exclusively to the jurisdiction of the courts of the Province of Ontario (including the Federal Court of Canada and the Supreme Court of Canada).  The parties hereto agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and it is strictly excluded.

Attune may revise these Conditions of Use at any time without notice. By using this Website Service you are agreeing to be bound by the then current version of these Conditions of Use.

Export Regulations. The import and export of products and services within and across national borders must comply with all applicable laws.

Contact Us

You may contact us by email or mail at the addresses below.

243 McCraney Street West
Oakville, ON
L6H 3A0
905-849-8882

info@attuneactiveaging.com