Please read these Terms and Conditions carefully before using this Site.
This website (this ‘Site’) is provided by Today's Body and Soul. (‘Today's Body and Soul’), conditional on your acceptance of the terms and conditions of use set forth below (the ‘Terms and Conditions’). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the ‘Materials’), and by sending messages, information, data, text, software or images, or other materials to the Site (‘Content’), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Today's Body and Soul. In case of inconsistency between these Terms and Conditions and any other agreement you may have with Today's Body and Soul, the other agreement shall prevail, but only to the extent of the inconsistency.
1. Changes to Terms and Conditions
2. Changes to this Site
Today's Body and Soul may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the ‘Services’) or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. Today's Body and Soul reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
3. Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking health and beauty and related information. You agree to use the Site only to send Content and receive Materials that are proper and related to the purpose of the Site.
Subject to these Terms and Conditions, Today's Body and Soul grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other website; (iii) transfer the Materials to any other person without the written consent of Today's Body and Soul; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site’s infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another’s account, password, service, system or other information without prior written authorization from Today's Body and Soul; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
If the Site provides you with the capability to post certain Content to the Site, you may only do so for the lawful, stated purposes of this Site. You agree, that in posting Content, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate information; (ii) post any franchise, pyramid scheme, ‘club membership’, distributorship or sales representative Today's Body and Soul arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents; (iii) delete or revise any material posted by any other person or entity; (iv) post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. Today's Body and Soul will investigate occurrences which may involve such violations and may involve, and to the extent permitted by law, cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Today's Body and Soul reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in Today's Body and Soul sole discretion is objectionable or in violation of these Terms and Conditions.
4. Proprietary Rights
Limited License and Copyright. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Today's Body and Soul does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Today's Body and Soul.
Trademarks. The Services names, company names and logos used on this Site may be trademarks, including registered trademarks of Today's Body and Soul. Such Services names, company names and logos of Today's Body and Soul may not be copied, imitated or used, in whole or in part, without the prior written consent of Today's Body and Soul. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. ‘Today's Body and Soul’ Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Today's Body and Soul reserves all such rights.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the ‘Software’), used or accessible through this Site is the copyrighted work of Today's Body and Soul or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
5. Links and Third Party Content
Certain links on this Site may take you to other websites. Today's Body and Soul provides these links only as a convenience. These linked sites are not necessarily under the control of Today's Body and Soul. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
Today's Body and Soul is not responsible for the contents of any such linked page or any other page not under its control.
Today's Body and Soul makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. Links do not imply that Today's Body and Soul sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Today's Body and Soul.
6. Linking Agreement
Today's Body and Soul welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the link conditions (the ‘Link Conditions’) described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:
(a) If you link to this Site, Today's Body and Soul grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Today's Body and Soul trademark and Internet icons, if available, (the ‘Licensed Marks’) solely for the purpose of serving as a link from your website to this Site. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of ‘Today's Body and Soul’ trademarks or service marks (the ‘Marks’) for any reason without Today's Body and Soul ’ prior written permission.
(b) You acknowledge that all rights to the Marks, the content appearing on the Today's Body and Soul Website pages (the ‘Web Pages’) and the ‘look and feel’ of the Web Pages belong to Today's Body and Soul or third parties. You will not at any time directly or indirectly contest or infringe these rights.
(c) If you link to this Site, your website:
· may not create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
· may not imply that Today's Body and Soul is endorsing you or your products or services.
· may not imply an affiliation between your company and Today's Body and Soul without the prior written consent of Today's Body and Soul;
· may not misrepresent your relationship with Today's Body and Soul or present false or misleading impressions about Today's Body and Soul’ Services; and may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;
(d) Today's Body and Soul shall have no responsibility or liability for any content appearing on your website;
(e) Today's Body and Soul may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If Today's Body and Soul exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks;
Today's Body and Soul may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. Today's Body and Soul makes no representation or warranty of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an ‘AS IS’ basis. Today's Body and Soul EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Today's Body and Soul DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a byline, identification of publication source, or any other sort of third-party identifier, is provided by third parties on an ‘As Is’ basis, and Today's Body and Soul does not review it. Today's Body and Soul and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site.
Because user authentication on the Internet is difficult, Today's Body and Soul cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release Today's Body and Soul (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Today's Body and Soul is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labeled. Today's Body and Soul does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that Today's Body and Soul shall have no liability whatsoever for any such third party material, data or information. Today's Body and Soul shall not be responsible for any health and beauty decisions, for whatever reason made, made by you after consulting the Site.
9. Limitation of Liability
YOU AGREE THAT Today's Body and Soul AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF Today's Body and Soul , OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that Today's Body and Soul ’s aggregate liability for damages shall be limited to $100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless each of Today's Body and Soul, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms and Conditions.
11. Choice of law
This Site is controlled, operated and administered by Today's Body and Soul from its offices within Canada . Today's Body and Soul makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada . If you access this Site from outside Canada , you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any dispute arising out of or related to these Terms and Conditions shall be commenced and settled by arbitration in Whiterock pursuant to Section 13 below. Each party hereby agrees to submit to the jurisdiction of the courts of BC and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in the location specified in Section 12 above in English, and governed by arbitration legislation in force from time to time in the Province of BC. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
15. Third Party Credit Cards
All transactions made with third party credits used as payment for a booking must meet our requirements. We will require a signed letter, copy of the front and back of the credit card and a drivers license either scanned and emailed or faxed to our office before processing your request. Today's Body and Soul reserves the right to deny any booking using a third party credit card if our conditions are not met within 24 hours of your booking.