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Terms of Use

The Alternative Path's Terms of Use

By accessing www.thealternativepath.com, you acknowledge these terms of use and agree to be bound by them. If you do not agree to these terms of use, please do not access this site. We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms of use at any time and you agree to be bound by such modifications, alterations or updates. The terms “The Alternative Path”, “our” and “we” refer to The Alternative Path, its affiliates, and subsidiaries.

1. Your relationship with The Alternative Path based out of the Hanover Natural Medicine Clinic

1.1
Your use of our services and web site (referred to collectively as the “Services” in this document and excluding any services provided to you by The Alternative Path under a separate written agreement) is subject to the terms of a legal agreement between you and The Alternative Path. The Alternative Path’s principal place of business is at 399 10th Street, Hanover, Ontario, Canada, N4N 1P7. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2
Unless otherwise agreed in writing with The Alternative Path, your agreement with The Alternative Path will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
1.3
Your agreement with The Alternative Path will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4
The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and The Alternative Path in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5
If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

2.1
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2
You can accept the Terms by:
  1. Clicking to accept or agree to the Terms, where this option is made available to you by The Alternative Path in the user interface for any Service; or
  2. By actually using the Services. In this case, you understand and agree that The Alternative Path will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3
You may not use the Services and may not accept the Terms if
  1. you are not of legal age to form a binding contract with The Alternative Path, or
  2. you are a person barred from receiving the Services under the laws of the Canada or other countries including the country in which you are resident or from which you use the Services.
2.4
Before you continue, you should print off or save a local copy of the Universal Terms for your records.

3. Language of the Terms

3.1
Where The Alternative Path has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with The Alternative Path.
3.2
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Provision of the Services by The Alternative Path

4.1
The Alternative Path has subsidiaries and affiliated legal entities in Canada (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of The Alternative Path itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2
The Alternative Path is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which The Alternative Path provides may change from time to time without prior notice to you.
4.3
As part of this continuing innovation, you acknowledge and agree that The Alternative Path may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at The Alternative Path’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform The Alternative Path when you stop using the Services.

5. Use of the Services by You

5.1
Our site information is general only. It is not intended as or to replace specific health care, health care choices, health care needs, or replace medical advice/diagnosis and you should not rely on it as such. We may change the Site Information at any time.
5.2
Anything you read, hear, look at, or use, you are doing so at your own risk. We assume no liability or responsibility for errors or omissions on this site.
5.3
By posting on the guestbook you are agreeing to the following terms:
  1. The website is monitored on a regular basis, however, we do not take responsibility and assume no liability for the content posted there, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity you might encounter.
  2. The Alternative Path relies on your judgement that you will not post or transmit anything unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty, mean, or material that is profane or is considered by law enforcement as a criminal offence, unlawful activity, situate The Alternative Path or any other individual, group, or company, in court on a civil lawsuit, or violate any law, anywhere, anytime.
  3. Any postings that are considered inappropriate by The Alternative Path and/or fall under the categories mentioned in section a) and b) can and will be edited or deleted.
  4. Any negligence to sections a) and b) that would result in legal action; The Alternative Path will fully cooperate with any law enforcement authority or court of law as required.
  5. Any person, group, or company involved in generating legal actions against The Alternative Path will be pursued as law permits.
5.4
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to The Alternative Path will always be accurate, correct and up to date.
5.5
You agree to use the Services only for purposes that are permitted by
  1. the Terms and
  2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the Canada or other relevant countries).
5.6
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by The Alternative Path, unless you have been specifically allowed to do so in a separate agreement with The Alternative Path. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
5.7
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.8
Information on this site, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, (the “Site Information”) is protected under the copyright laws of Canada and other countries. Unless you have been specifically permitted to do so in a separate agreement with The Alternative Path, you agree that you will not reproduce, redistribute, republish, duplicate, copy, sell, trade or resell the Services or Site Information for any purpose, in any form.
5.9
The Alternative Path reserves the right to change graphics, content, or any material hosted on the website at any time.

6. Privacy and your Personal Information

6.1
For information about The Alternative Paths’s data protection practices, please read The Alternative Path’s privacy policy. This policy explains how The Alternative Path treats your personal information, and protects your privacy, when you use the Services.
6.2
You agree to the use of your data in accordance with The Alternative Path’s privacy policies.

7. Proprietary Rights

7.1
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7.2
Unless you have been expressly authorized to do so in writing by The Alternative Path, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization, or other distinctive brand features in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8. EXCLUSION OF WARRANTIES

8.1
NOTHING IN THESE TERMS, INCLUDING SECTIONS 8 AND 9, SHALL EXCLUDE OR LIMIT THE ALTERNATIVE PATH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW AND THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRENTIES OF SERVICES OR NON-INFRINGEMENT AND DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS.
8.3
IN PARTICULAR, THE ALTERNATIVE PATH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT OR CONDITION OF ANY KIND (IMPLIED, EXPRESS, OR STATUTORY) TO YOU THAT:
  1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
  2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
8.4
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
8.5
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ALTERNATIVE PATH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8.6
THE ALTERNATIVE PATH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9. LIMITATION OF LIABILITY

9.1
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 8.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ALTERNATIVE PATH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
  1. ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU ARISING OUT OF YOUR ACCESS TO OR THE USE OR INABLITY TO USE THIS SITE OR THE SITE INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE OR HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; EVEN IF THE ALTERNATIVE PATH OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OF EXPENSES.
  2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
    2. ANY CHANGES WHICH THE ALTERNATIVE PATH MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
    3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
    4. YOUR FAILURE TO PROVIDE THE ALTERNATIVE PATH WITH ACCURATE ACCOUNT INFORMATION;
9.2
ABOVE SHALL APPLY WHETHER OR NOT THE ALTERNATIVE PATH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

10. Advertisements

10.1
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information.
10.2
The manner, mode and extent of advertising by The Alternative Path on the Services are subject to change without specific notice to you.
10.3
In consideration for The Alternative Path granting you access to and use of the Services, you agree that The Alternative Path may place such advertising on the Services.

11. Other content

11.1
You acknowledge and agree that The Alternative Path is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
11.2
External sites or resources are not subject to The Alternative Path’s privacy policy or security standards, nor are thoroughly investigated and therefore The Alternative Path is not liable if the external sites or resources are considered offensive. External sites or resources are to be used at your own risk.
11.3
External sites or resources located, contained, or linked to The Alternative Path does not mean that The Alternative Path endorses or accepts any responsibility for such external sites or resources or their content.
11.4
You acknowledge and agree that The Alternative Path is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11.5
Certain content and/or information on this site, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, (the “Site Information”) may be the copyright of others. Unless you have been specifically permitted to do so in a separate agreement you agree that you will not reproduce, redistribute, republish, duplicate, copy, sell, trade or resell the Services or Site Information of others for any purpose, in any form.

12. Changes to the Terms

12.1
The Alternative Path may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, The Alternative Path will make a new copy of the Universal Terms available on the website and any new Additional Terms will be made available to you from within, or through, the affected Services.
12.2
You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, The Alternative Path will treat your use as acceptance of the updated Universal Terms or Additional Terms.

13. General legal terms

13.1
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
13.2
The Terms constitute the whole legal agreement between you and The Alternative Path and govern your use of the Services (but excluding any services which The Alternative Path may provide to you under a separate written agreement), and completely replace any prior agreements between you and The Alternative Path in relation to the Services.
13.3
You agree that The Alternative Path may provide you with notices, including those regarding changes to the Terms by postings on the Services.
13.4
You agree that if The Alternative Path does not exercise or enforce any legal right or remedy which is contained in the Terms (or which The Alternative Path has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Alternative Path’s rights and that those rights or remedies will still be available to The Alternative Path.
13.5
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
13.6
The Terms, and your relationship with The Alternative Path under the Terms, shall be governed by the laws of the Ontario without regard to its conflict of laws provisions. You and The Alternative Path agree to submit to the exclusive jurisdiction of the courts located within the County of Grey, Ontario to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that The Alternative Path shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Revised: June 9, 2008


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