Through your access to and use of the MelioGuide website (the "Site"), you accept, without limitation or qualification, the terms and conditions as set forth below.
By such access and use, you represent that you are at least 18 years of age and that you have read, understood, and agree to these terms. You represent that you have the legal right and capacity to accept the foregoing terms and conditions and be bound by them. You further represent that you will use this Site and the information contained therein in accordance with the following terms and conditions.
The terms and conditions of this Agreement may be amended or modified at any time. Any amendments or modifications will be posted on our website's home page. Your continued usage after such changes are posted constitutes acceptance of each revised provision of the Agreement.
No Medical Advice Provided
The contents of the Site such as text, graphics, images, information obtained from MelioGuide and other material ("Content") contained on the Site are for informational purposes only. It is meant to support and not replace the relationship with your physician.
The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or with reference to any Content found on this Site. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Reliance on any information provided by MelioGuide, or other visitors to the Site is solely at your own risk.
Intended Audience For MelioGuide
This website is intended for Canadians who are age 18 and over who are not pregnant or breastfeeding and do not have Type 1 diabetes or other serious medical conditions.
Exercise And Other Health Programs On This Site
Always consult a physician before starting a fitness program or changing your diet. Not all exercises or activities are suitable for everyone. If you feel discomfort or pain, stop. The instructions and advice presented are in no way intended as a substitute for medical or psychological counseling.
MelioGuide requires that you consult with your physician before following any training instructions you receive through MelioGuide or participating in any event announced on our Site. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. MelioGuide is not a prescription system and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury and or death.
MelioGuide is not responsible for any health problems that may result from training programs, products, or events you learn about through MelioGuide. If you engage in any exercise program you receive through MelioGuide, you agree that you do so at your own risk, and are voluntarily participating in these activities. We strongly recommend that you consult with a licensed Physical Therapist before engaging in an exercise program.
We try to provide only the most helpful and accurate information, but we cannot verify, endorse or vouch for the information, services or recommendations available through MelioGuide. MelioGuide is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through MelioGuide, or for any health problems that may result from training programs, products, or events you learn about through the site.
Copyright And Intellectual Property
All Content of this Site is owned by MelioGuide and is protected by worldwide copyright laws. The trademarks, service marks, trade names, trade dress, and products featured on this Site are protected by the laws of Canada and those of other countries and jurisdictions around the world. All trademarks not owned by MelioGuide that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MelioGuide. The display of trademarks and trade names on this site does not convey or create any license or other rights in these marks or names. Any use of them is strictly prohibited. All Rights Reserved.
You may print or copy materials published by MelioGuide on this Site for personal, non-commercial use only if you include the following copyright notice: "Copyright 2007, MelioGuide. All rights reserved" and other copyright and proprietary right notices that are contained in the Site. You may not copy, reproduce, distribute, display, or otherwise use any Content published on this Site for public or commercial purposes without the prior express written consent of MelioGuide. Materials copied from this website for personal use or with prior written consent of MelioGuide must, in any event, retain all copyright and other proprietary notices and disclaimers appearing in connection with such materials on this website.
Images of people or places appearing on this Site are either the property of MelioGuide or used with permission. Any use of the images of such people or places by you is strictly prohibited, and may constitute infringement or violation of communications, copyright, trademark, privacy and/or publicity laws.
If you violate any of the terms and conditions applying to the use of the Content, your permission to use the Content shall automatically terminate and you must immediately destroy any copies you have made of any portion of the Content.
Any feedback provided to us regarding the Site or its Content may be used by us without restriction or accounting to you, including our utilization of such feedback in products, services or marketing or other collateral. MelioGuide will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do send us creative materials or other information, you agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit.
Indemnification By User
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MELIOGUIDE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIM, DEMAND, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACTIVITIES IN CONNECTION WITH THIS SITE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
Disclaimer Of Warranties
The use of the Site and the Content is at your own risk.
When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of MelioGuide. MelioGuide assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MELIOGUIDE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, TITLE AND FITNESS FOR PARTICULAR PURPOSE.
MELIOGUIDE MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS ON THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE CONTENT, SOFTWARE, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE.
Some of our members will make their email addresses available if they wish to converse with others users with similar interests and/or goals. If you use this information, you agree not to transmit "spam" or other unwanted solicitations, or any material that is harassing, threatening, racially offensive, obscene, abusive, harmful, defamatory, invasive of another's privacy, infringing of another's intellectual property rights, or otherwise illegal. Members found using email information in this manner will be stripped of their membership. MelioGuide is not responsible for the content of email messages sent by its members or from a third party.
Message boards on the MelioGuide site will contain information that can be posted and viewed by anyone on the internet. MelioGuide does not endorse any information posted on the message boards. Please consult a physician or other relevant healthcare professional (depending on the nature of the information) before practicing anything you read on the message boards or using any information from the boards. MelioGuide is not responsible for the information posted on the boards or for editing any factual errors or making any type of corrections to information presented on the message boards. Any action taken by a viewer of the boards based on information presented on the boards is at your own risk and could be dangerous or life-threatening.
In using our Message Boards you agree to comply with the following guidelines:
- Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled. Remember that what works for you may not work for everyone else. Give everyone the same courtesy you would expect in return.
- No profanity or explicit content.
- No profile pictures that might be considered "inappropriate".
- No posts that could be interpreted as threatening or harassment.
- No advertising or product promotion is permitted.
- MelioGuide has the right to remove a post if it does not meet these standards.
- All post submissions will be screened by MelioGuide and could be subject to editing or denied posting.
- You have the right to edit any of your posts.
- If you have started a thread (such as a journal) that you want to close, please post a message indicating "THREAD CLOSED". We do not typically delete threads on request.
- Understand that posts made by members do not necessarily reflect the views of MelioGuide and should not be taken as medical advice.
- Posts submitted to the MelioGuide Message Boards are not considered confidential. These posts may be used by MelioGuide for any purpose without requiring permission from the originator.
- All MelioGuide exercise advice has been reviewed and approved by a licensed Physical Therapist because it is considered to be a serious health issue. Because of this, please be careful about what you recommend to others, as it could be dangerous if you go outside of medically-accepted boundaries. We encourage members to help each other using the MelioGuide recommendations.
We assume members of MelioGuide will act responsibly and use the tools provided by MelioGuide in a law-abiding manner. If MelioGuide determines that any member is not using the system responsibly, we can and will censor, edit or block their transmissions or use of MelioGuide.
Advertisements And Links To Other Sites
MelioGuide does not endorse the content on any third-party websites. MelioGuide is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MELIOGUIDE NOR MELIOGUIDE'S SUPPLIERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE) INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM: (1) THE USE OR MISUSE OF, OR THE INABILITY TO USE, THE SITE, THE CONTENTS OR ANY PRODUCTS OR SERVICES; (2) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR SUBMISSIONS OR DATA OR DAMAGES ARISING FROM DISCLOSURE BY YOU OF ANY INFORMATION ON THE SITE; (3) ANY ACT OR OMISSION ON THE PART OF MELIOGUIDE OR ANY OTHER PERSON OR ENTITY APPEARING ON THE SITE; OR (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
Use Of Site By Non-Canadian Users
MelioGuide makes no claims that the Content is appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Governing Law And Choice Of Forum
This Agreement, and all questions arising in the connection herewith, shall be governed by and construed in accordance with the laws of the Province of Ontario. Each party hereby submits to the jurisdiction of the courts of the Province of Ontario and the federal courts of Canada located in such province for purposes of any action relating to the interpretation or enforcement of the provisions of this Agreement, and agrees that any legal proceedings arising under or pursuant to this Agreement shall be conducted in such province.
This Agreement supercedes any and all prior arrangements, whether oral or written, express or implied, with respect to the use of the Site and its Contents.