Terms of Service
TERMS OF SERVICE
This Website Legal Terms and Disclaimer (the “Agreement”) is an agreement between you (“You”) and Sheryl Plouffe, pursuant to the laws of Canada (“Sheryl Plouffe”). “We” and “Us” means both You and Sheryl Plouffe. Consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If You have an account profile with Sheryl Plouffe, Sheryl Plouffe will send You information and documents to the e-mail address in Your account profile on www.sherylplouffe.com. You will send information and documents to Sheryl Plouffe by email.
OWNERSHIP AND COPYRIGHT
You acknowledge that any and all information, content, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Sheryl Plouffe or its licensors, as the case may be. The Content is protected by copyright.
Sheryl Plouffe grants You a personal, non-transferable and non-exclusive license to access and read the Content.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
This website may contain links to other sites. Sheryl Plouffe does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, Sheryl Plouffe is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Sheryl Plouffe is affiliated or associated with same. Sheryl Plouffe does not recommend or endorse any of the Content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this website should not be construed as an endorsement of that party or its product or service.
You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.
The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Content on this website is not intended to be used as a substitute of any kind for advice given by a physician, psychologist, or other licensed health-care professional.
IN NO EVENT WILL SHERYL PLOUFFE, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF FITHEALTHYWELL OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
Sheryl Plouffe assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to You. Sheryl Plouffe is not responsible for any Content that You may find undesirable or objectionable. Sheryl Plouffe disclaims any liability for unauthorized use or reproduction of any portion of the website. Sheryl Plouffe is not responsible for any loss resulting from Your access of the Content in territories where such access may be illegal.
You agree at all times to indemnify, defend and hold harmless Sheryl Plouffe, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Sheryl Plouffe directly or indirectly in respect of:
(a) Any UGC You provide on or through this website or which is sent to Sheryl Plouffe electronically; or
(b) Your use or misuse of the Content or this website.
GOVERNING LAW AND ATTORNMENT
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. For the purpose of all legal proceedings this Agreement shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under this Agreement. The parties agree to attorney and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.
TYPE OF PROCEEDING
You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Sheryl Plouffe related to the Content or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Sheryl Plouffe.