Last Updated: January 1, 2025
1. Agreement to Terms
These Terms of Use (“Terms”) govern your access to and use of www.spiritedhealth.org (the “Website”), including any content, functionality, and services offered on or through the Website by Spirited Health Institute (the “Company,” “we,” “us,” or “our”).
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Website.
2. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
3. Age Requirements
You must be at least 13 years old to use the Website. By using the Website, you represent and warrant that you are at least 13 years of age.
4. User Account
4.1 Account Creation
To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4.3 Account Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
5. Intellectual Property
5.1 Our Content
The Website and its original content, features, and functionality are and will remain the exclusive property of Spirited Health Institute and its licensors. The Website is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Spirited Health Institute.
5.2 User Content
Our Website may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post to the Website, including its legality, reliability, and appropriateness.
By posting User Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Website. You retain any and all of your rights to any User Content you submit, post or display on or through the Website and you are responsible for protecting those rights.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, provincial, local, or international law or regulation
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website
7. Products and Services
7.1 Availability
We reserve the right to modify or discontinue, temporarily or permanently, any product or service (or any part thereof) without notice at any time.
7.2 Pricing
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.
7.3 Products or Services Information
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
8. Disclaimer of Warranties
8.1 “As Is” Basis
The Website, including all content, products, and services provided on the Website, is provided on an “as is” and “as available” basis. Spirited Health Institute makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products, or services included on the Website.
8.2 Health Information Disclaimer
The information provided on this Website is for educational and informational purposes only. It is not intended as medical advice and should not be used to diagnose, treat, cure, or prevent any health condition or disease. Always consult with a qualified healthcare professional before making any changes to your health routine.
8.3 No Warranty
To the full extent permissible by applicable law, Spirited Health Institute disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Spirited Health Institute does not warrant that the Website, its content, or any products or services obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
9. Limitation of Liability
In no event shall Spirited Health Institute, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Website
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the Website
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party
- Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website
10. Indemnification
You agree to defend, indemnify, and hold harmless Spirited Health Institute and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
- Your use and access of the Website
- Your violation of any term of these Terms
- Your violation of any third party right, including without limitation any copyright, property, or privacy right
- Any claim that your User Content caused damage to a third party
11. Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by Spirited Health Institute. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Spirited Health Institute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
12. Privacy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Website, to understand our practices.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.
14. Dispute Resolution
Any dispute arising out of or relating to these Terms or the Website shall be resolved through the courts of the Province of Alberta.
15. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
16. Entire Agreement
These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have between us regarding the Website.
17. Contact Us
If you have any questions about these Terms, please contact us:
Spirited Health Institute
9847 Oakhill Dr SW
Calgary, AB, T2V 3X1
Email: hello@spiritedhealth.org