iNeuroRehab: TERMS OF SERVICE

Last Updated: 22 February 2021

SECTION 1 – LEGAL AGREEMENT TO BE BOUND

This website is operated by iNeuroRehab. These terms of service (the "Terms of Service") constitute a legal agreement that governs the relationship between you and iNeuroRehab (“we”, “our, or “us”) regarding your use of iNeuroRehab branded websites and mobile applications (collectively, the "Site") and all information, tools, and services made available through the Site (collectively, the “Service”).

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including our Privacy Policy and any other policies referenced herein or available by hyperlink. Your acceptance of these Terms of Service constitutes a binding legal agreement between you and iNeuroRehab. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SITE.

By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence.

If you are accessing or using the Service on behalf of a business or entity then (a) “you and “your” included you and that business or entity, (b) you represent and warrant that you are an authorized representative of that business or entity with the authority to enter into these Terms of Service on its behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Service, as well as for the access or use of your account by others affiliated with your entity.

The Site and the Services may be modified from time to time, without prior notice to you. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to modify, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

In the event that these Terms of Service or the Privacy Policy conflict with any other iNeuroRehab terms, policy, rule or guidelines, the terms contained in these Terms of Service and the then current Privacy Policy shall govern. We reserve the right to refuse Service and access to the Content to anyone at any time.

Our store is hosted on PayPal Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 2 – CONTENT OWNERSHIP

The Site and the rights to all text, images, audio, video clips and any other digital information contained on the Site (collectively, the “Content”), and all intellectual property rights therein, including copyright, are owned or held by iNeuroRehab. Videos of patient demonstrations (each a “Patient Video”) remain the property and confidential information of iNeuroRehab.

All Content, including Patient Videos, is made available to Account holders under a limited, revocable, license personal to the individual registered for an Account (as detailed further below). This means that the Content is made available with restrictions on access and use, and except where expressly authorized by iNeuroRehab, you may not copy, publish, or otherwise distribute Content to others, nor "mirror" or display the Content on your own server.

Certain Content may made available for download for personal use by the Account holder. In each such case, the authorization by iNeuroRehab is stated in a notice appearing on a particular web page or Content.

Any unauthorized use, copying, or distribution of a Patient Video is a breach of these Terms of Service, the confidential information of iNeuroRehab, and Canadian law.

The Content on the site, including but not limited to any images, text, newsletters, articles, opinions and videos, is provided for education/information purposes only. It is not designed or intended to constitute medical, physiotherapy or any other type of professional advice, or to be used for diagnosis. Online resources are not a substitute for the personalized judgment and care of a trained professional.

SECTION 3 - LICENSE AND USE

3.1 Grant of Limited License.

iNeuroRehab makes certain Services available exclusively to qualified Account holders, including proprietary content. Subject to your agreement and continued compliance with these Terms of Service and the Privacy Policy, we hereby grant you a limited, non-exclusive, non-transferable, and revocable limited right and license to (i) access, use, ad create an account (“Account”) with the Service and (ii) only where expressly permitted, download the specified Service to your personal computer solely for non-commercial, personal, educational purposes. You agree not to use the Service for any other purpose.

3.2 License Restrictions

While iNeuroRehab makes certain information on its servers available to authorized Account holders, the license granted to you and your use of the Service is subject to certain restrictions. Any use of the Service in violation of the following restrictions is strictly prohibited, can result in the immediate revocation of your limited license, and may subject you to liability for violations of law. By accessing the Site, you confirm your agreement not to engage in any act that could reasonably deemed to be in conflict with the intention of the Site or Service, including, but not limited to, the following. You agree that:

You have and shall maintain, while holding an Account, the professional status and licensing required by iNeuroRehab as a condition of eligibility to access the Service;
You shall not access or use Content for any illegal or unauthorized purpose nor shall you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
You shall use your Account only for non-commercial purposes, and shall not sublicense, rent, lease, sell, trade, gift or otherwise transfer your Account or any Content to anyone without express written authorization of iNeuroRehab;
You shall not use your Account to advertise, solicit, or transmit unauthorized communications (spam), any commercial advertisements, or third-party advertisements, or to phish, pharm, pretext, spider, crawl, or scrape data;
You shall not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
You shall not attempt to harass, abuse, or harm, or incite harassment, abuse, or harm another person or group, including iNeuroRehab representatives;
You shall not institute, assist, or become involved in any type of attack on the Site or Service, including but not limited to, any transmission of any worms or viruses, any code of a destructive nature, any denial of service attack upon the Site or Service, or any other attempt to disrupt the Site or Service or any other person’s use of the Site or Services;
You shall not, in whole or in party (a) modify or create any derivative work of the Site, or (b) copy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms or structure of any part of the Site;
You shall not attempt to gain unauthorized access to the Service, personal information of others, Accounts registered to others, or otherwise interfere or attempt to interfere with the proper functioning of the Service; and
You shall not engage in any conduct that we deem to be in conflict with the intention of the Site or Services.

3.3 License Termination

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. iNeuroRehab may terminate your license and your Account, and/or terminate or cease of offer the Site and the Content, upon thirty (30) days’ notice, which may be effected by the placement of a notice on the Site.

SECTION 4 – ACCOUNT INFORMATION

4.1 Your Account

When creating or updating an Account, you are required to provide certain personal information, such as your e-mail address or payment information, professional status and licensing information, and select a password (collectively, “Account Information”). This information will be held and used in order to create and maintain your Account, and provide and improve the Services you have requested, in accordance with our Privacy Policy. Your Account Information may be used to verify your eligibility to receive Service. Where you have requested a purchase transaction, the applicable Account Information will be disclosed to PayPal and any required payment processor.

You are responsible for maintaining the security of your Account Information. The following rules govern the security of your Account information:

You shall not share the Account Information, let anyone else access your Account, or do anything else that might compromise the security of your Account.
If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of Account Information, you must immediately notify us and modify your Account Information;
You are responsible for anything that happens through your Account. You are solely responsible for maintaining the confidentiality of your Account Information.

You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge that all rights in and to the Account are and shall be exclusively owned by iNeuroRehab. We reserve the right to remove or reclaim any usernames or other Account content supplied by you at any time.

Account Information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

iNeuroRehab is not liable for any damages arising out of the misuse of your password or your account credentials.

4.2 Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and Account Information for all requests for Service and purchases made through the Site. You agree to promptly update your Account information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

4.3 Suspension and Termination of Account and Service

You have the right to terminate or cancel your Account at any time by sending an email to admin@ineurorehab.com.

Without limiting any other remedies, we may limit, suspend, terminate, modify or delete your Account or access to the Service (or any portion thereof) at any time if we have reason to suspect that you are failing to comply with any of the Terms of Service, with or without notice to you. If we terminate your Account, you will lose access to any Content and we are under no obligation to compensate you for any such losses or results.

In the event of a termination, no online Content or credit will be provided to you or reimbursed, and you will have no further access to your Account or anything within the Services associated with it (such as Patient Videos). Under no circumstances shall we be responsible for storing any such Account information following suspension, termination or deletion of your Account or providing access to the Service. It is expressly agreed that any video containing patient content is private and confidential and is for ‘view only by the service user’ for a pre-determined period of time.

SECTION 5 - PRODUCTS OR SERVICES

5.1 Availability

Certain products or services may be available exclusively for a limited time. We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time prior to purchase without notice, at our sole discretion.

We reserve the right to refuse any request for Service or product order you place with us. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

5.2 Third-Party Materials

iNeuroRehab may, from time to time, make third-party materials available to Account holders, including certain content, products, or services (“Third-Party Materials”). You acknowledge and agree that we provide access to such Third-Party Materials on an ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third-Party Materials. Any use by you of Third-Party Materials offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

The Site may also contain links to websites that are not controlled by iNeuroRehab. We are not responsible for examining or evaluating the content or accuracy of any such site and we do not warrant, and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties. Your use and interaction with third-party sites may be subject to separate terms and conditions of such third-party site.

SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example service evaluation) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments'”),then you hereby grant to us a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free right to use and exploit such Comments in any manner and for any purpose without any restriction, credit, attribution or fees due to you. We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or, (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 8 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

8.1 Accuracy of Information

The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. iNeuroRehab will not be liable if information made available on this site is not accurate, complete or current. Any reliance on the Content on the Site is at your own risk.

The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our site.

8.2 Data Protection

While we do our best to keep the content on the Site and all Account Information safe, we cannot and do not guarantee or warrant that information available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for data protection and security.

8.3 Disclaimer of Warranties

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. iNeuroRehab will make every reasonable effort to ensure you can access your Account or the Site as you have subscribed to. We will not be liable for any loss or damage that may occur when the Site is not available, such as during maintenance windows, the failure of a network provider, force majeure, or any other reasonable cause.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE OR ANY PART OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. INEUROREHAB PROVIDES THE SITE AND THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR THE SERVICES AT TIME OR LOCATIONS OF YOUR CHOOSING OR THAT THE SERVICE WILL BE UNINTERRUPED OR ERROR-FREE.

8.4 Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH INEUROREHAB OR ITS LICENSORS IS TO STOP USING THE SITE AND THE SERVICES AND TO CANCEL YOUR ACCOUNT.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL INEUROREHAB, ITS LICENSORS, OR ITS AFFILATES, BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION, OR CONTENT ON THE SITE OR IN RELATION TO THE SERVICES. FURTHER, IN NO EVENT SHALL INEUROREHAB’S OR ITS LICENSORS’, AFFILIATES, EMPLOYEES’, OFFICERS’ OR DIRECTORS’ (COLLECTIVELY, THE “INEUROREHAB AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID FOR THE SERVICES.

FURTHER, IN NO CASE SHALL INEUROREHAB OR INEUROREHAB AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNATIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SITE, THE SERVICES, OR THE INTERNET, RELATED IN ANY WAY TO YOUR USE OR ACCOUNT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT INEUROREHAB OR ANY INEUROREHAB AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, OR INCIDENTAL, DAMAGES, IN SUCH STATES OR JURISDICTIONS, INEUROREHAB AND THEIR AFFILIATES, LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. INEUROREHAB DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operations of the Site or the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any Content or other material used or displayed through the Site and agree to limit your claims to claims for monetary damages.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless iNeuroRehab and its parent, subsidiaries, affiliates, employees, partners, officers, directors, agents, contractors, and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use or misuse of the Site or the Service, any violation by you of these Terms of Service, or the documents they incorporate by reference, any breach of the representations, warranties and covenants made by you herein, or your violation of any law or the rights of a third-party.

SECTION 10 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 11 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

SECTION 12 – MISCELLANEOUS

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 13 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada as applicable therein, without reference to conflicts of law provisions You hereby agree to and submit to the exclusive jurisdiction of the courts of the Province of Ontario for any legal proceedings arising from these Terms of Service, the Site, and the Service.

SECTION 14 - CONTACT INFORMATION

iNeuroRehab is a division of Canadian Neurophysiotherapy Services Inc. Questions about the Terms of Service should be sent to us at admin@ineurorehab.com