Terms of Use

Terms of Use

Last Update: October 17, 2014

By clicking on the “I Agree to the Terms of Use” button during registration, you acknowledge that you have read, understood and agree to be bound by the Privacy Statement and the following Terms of Use applicable to the Medical & Motivation service (the “Website”) provided by Phoenix Attitude Inc. (“Phoenix Attitude” or “We”).

Registration & Passwords

To use our Website, you may be asked to register for an account and complete an online registration form. In consideration of your use of the Website, you agree to provide true, current, complete and accurate information as requested on any registration form, and to update that registration information as soon as possible after any information changes.

By registering an account with Phoenix Attitude, you represent that you are a resident of Canada or the United States and have either reached the age of “majority” in your jurisdiction of residence or are at least thirteen years old and have valid consent from your parent or legal guardian to register an account. If you are the parent or legal guardian of a minor that registers an account, you accept these Terms of Use on the minor’s behalf and are responsible for their use of the Website.

You are solely responsible for maintaining the confidentiality and security of your account password and PIN and for any consequences of your sharing or accidentally disclosing your user ID, password or PIN. You understand that by giving access to your account to a family member or friend or any other person, you are providing them with read-only access to your personal information, and that you may cancel that permission at any time. You agree to prohibit anyone else from using your own user ID and password and immediately will notify Phoenix Attitude of any unauthorized use of your user ID and password or if you suspect misuse of your account or any security breach in the service.

Ownership / Restrictions on Use

The Website is owned and operated by Phoenix Attitude. Except for content that you post or upload to the Website, any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to Phoenix Attitude and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.

Except as outlined in these Terms of Use, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without our express prior written consent. You may download, print and reproduce the Content for your own informational purposes but you must maintain all copyright and trademark notices contained in that Content, and cite the URL source of that Content. You may not reproduce multiple copies of the Content, in whole or in part, for resale or distribution without our prior written permission.

Links to Third Party Websites

The Website might offer you links to news and other information available on other websites that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Phoenix Attitude and that Phoenix Attitude has no control over the content of such websites. We therefore can’t be held liable and make no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the news or other information available through these links.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such websites.

No Advice

This website is not designed for medical care and is not a substitute for professional medical advice. The information presented is not to be construed as medical advice, diagnosis or treatment information nor is the information to be used in interpreting or assisting you in making treatment decisions. If you have questions about your medical condition or need medical help, you should see your physician or other qualified health care provider. Suggestions that we may include to assist you when completing fields relating to your appointments are sample suggestions only. They may not be relevant to you in particular and are not by any means exhaustive in any case.

The information in your account is the information provided by you, and not Phoenix Attitude. It is your responsibility to ascertain that all the information you enter into your account is correct, true and updated. Phoenix Attitude will never verify or modify your information. If you are in doubt regarding any of your self-entered information, we recommend that you contact your medical doctor.

User Conduct

Registered users have the opportunity to upload information and opinions on the Website. You agree that you have the necessary rights, consents, and permissions to use and to share with anyone you choose to do so, any audio or video recordings you have uploaded, and any content you add to your account or to the Website, including, without limitation, all information, privacy and intellectual property rights to do so.

You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, work, Trojan horse or other code which is contaminating or destructive to the Website or its users.

Phoenix Attitude reserves the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of a privacy or intellectual property right.

Disclaimers/No Warranties

While we use our reasonable best efforts to include accurate and up-to-date information on the Website, your use and browsing of the Website is at your risk. All content included on or available through the website is provided to you on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. We do not warrant that the content is accurate or reliable; that this site will be available at any particular time or location; that your access to the Website will be uninterrupted; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that the content is timely, secure or error-free.

To the maximum extent permitted by law, Phoenix Attitude disclaims all warranties, including any warranties of merchantability, non-infringement and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitations of Liability

Under no circumstances will Phoenix Attitude be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of, or inability to use, the website or any content. To the maximum extent permitted by applicable law, Phoenix Attitude disclaims all responsibility for any loss, injury, claim, liability or damage of any kind, including direct, indirect, incidental, special, consequential or punitive damages of any kind (including, without limitation, attorneys' fees and other legal expenses) resulting from, arising out of or in any way related to your use of the website or the content. Some jurisdictions do not allow exclusion or limitation of certain damages. Accordingly, the exclusions and/or limitations above may not apply to you.

Indemnity

By using the Website you agree to indemnify and hold harmless Phoenix Attitude, its licensors and partners and their respective employees, officers, directors, or agents from and against any and all claims, liabilities, costs and expenses, whether in tort, contract or otherwise, relating to or arising from (a) any content you (or anyone acting under your password or user name) submit, post, transmit or make available on the Website and/or (b) your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.

Privacy

Phoenix Attitude respects your right to privacy of your personal information. Please review our Privacy Statement for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

Trademarks

PHOENIX ATTITUDE, the Phoenix Attitude logo and the Wings logo are trademarks of Phoenix Attitude. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Phoenix Attitude or its licensors. You may not use these trademarks and trade dress in any manner for any purpose without our express written consent.

Changes & Termination

Phoenix Attitude reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, we reserve the right to change any of these Terms of Use at any time and for any reason. We will promptly post any changes on the Website. Your continued use constitutes your consent to be bound by any such changes, and it is your obligation to periodically visit this page of the Website and review the latest version of the Terms of Use. The date of the last update to these Terms of Use will be stated at the top of this page.

If Phoenix Attitude decides to terminate your account or this service, we will offer you the opportunity to retrieve or transfer your personal information. Your personal information will be stored only for the period your account is open. We reserve the right to close an account and destroy all personal information if the account has been inactive for two years. We will make commercially reasonable efforts to contact you before closing your account due to inactivity.

Applicable Law

These Terms of Use are governed by and will be interpreted in accordance with the laws of the Province of British Columbia and of the laws of Canada applicable in British Columbia, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Use may be brought in the courts located in the Province of British Columbia. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Use and waive any objections and defences inconsistent with such venue. By using this Website, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

General

These Terms of Use constitute the entire agreement between you and Phoenix Attitude with respect to your use of the Website. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision will be stricken and the remaining provisions enforced. Despite any other provisions of these Terms of Use, any provision of these Terms of Use that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Use, including, without limitation, the indemnification and limitation of liability provisions.

Notices

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to those notices on the Website itself.

If you have any questions or comments regarding these Terms of Use please contact us at info@phoenixattitude.com.