Terms of Use

Last Updated: November 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

General Users: You must be at least 13 years old to use the Website.

EU/EEA Users: If you are located in the European Union or European Economic Area, you must be at least 16 years old to use the Website, or have verifiable parental or guardian consent if you are between 13 and 16 years old.

By using the Website, you represent and warrant that you meet the applicable age requirements.

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. Upon termination, you may request deletion of your personal data in accordance with our Privacy Policy and applicable data protection laws.

5. EU/EEA User Rights and GDPR Compliance

If you are located in the European Union or European Economic Area, you have specific rights under the General Data Protection Regulation (GDPR):

5.1 Your Data Protection Rights

  • Right of Access: You have the right to request copies of your personal data.
  • Right to Rectification: You have the right to request correction of inaccurate or incomplete personal data.
  • Right to Erasure: You have the right to request deletion of your personal data under certain conditions.
  • Right to Restrict Processing: You have the right to request restriction of processing your personal data under certain conditions.
  • Right to Data Portability: You have the right to request transfer of your data to another organization or directly to you under certain conditions.
  • Right to Object: You have the right to object to our processing of your personal data under certain conditions.
  • Right to Withdraw Consent: Where we rely on consent to process your personal data, you have the right to withdraw that consent at any time.

5.2 Data Transfers

Your personal information may be transferred to and processed in Canada or other countries outside the EU/EEA. We ensure appropriate safeguards are in place for such transfers in compliance with GDPR requirements, including Standard Contractual Clauses where applicable.

5.3 Data Breach Notification

In the event of a data breach that is likely to result in a risk to your rights and freedoms, we will notify you and the relevant supervisory authority within 72 hours of becoming aware of the breach, as required by GDPR.

5.4 Legal Basis for Processing

We process your personal data based on one or more of the following legal bases:

  • Your consent
  • Performance of a contract with you
  • Compliance with legal obligations
  • Legitimate interests pursued by us or a third party

5.5 Data Retention

We retain your personal data only for as long as necessary to fulfill the purposes outlined in our Privacy Policy or as required by law. EU/EEA users may request information about our data retention periods by contacting us.

6. Cookies and Tracking Technologies

6.1 Cookie Consent

We use cookies and similar tracking technologies on our Website. When you first visit our Website, you will be presented with a cookie consent banner.

EU/EEA Users: You have the right to accept or reject non-essential cookies. Essential cookies necessary for the Website to function cannot be disabled. You may withdraw your consent or modify your cookie preferences at any time through our cookie management tool.

6.2 Cookie Policy

For detailed information about the cookies we use and your choices, please refer to our Cookie Policy, which forms part of these Terms.

7. Accessibility Commitment

We are committed to ensuring that our Website is accessible to all users, including those with disabilities. We strive to meet or exceed the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA standards and comply with the European Accessibility Act requirements.

7.1 Accessibility Features

Our Website includes:

  • Text alternatives for non-text content
  • Captions and alternatives for multimedia
  • Content that can be presented in different ways without losing meaning
  • Sufficient color contrast
  • Keyboard-accessible functionality
  • Readable and understandable content
  • Predictable navigation and functionality

7.2 Accessibility Feedback

If you experience any difficulty accessing any part of our Website or have suggestions for improvement, please contact us at hello@spiritedhealth.org. We welcome your feedback and are committed to continuous improvement.

8. Intellectual Property

8.1 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.

8.2 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.

EU/EEA Users: You have the right to request deletion of your User Content at any time, subject to our legal obligations to retain certain data.

9. 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 (including but not limited to GDPR and other EU data protection laws)
  • 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

10. Products and Services

10.1 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.

10.2 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.

10.3 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.

11. Disclaimer of Warranties

11.1 “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.

11.2 Health Information Disclaimer

IMPORTANT: 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, diet, exercise program, or taking any supplements.

We do not provide medical diagnoses, treatment plans, or personalized health recommendations. If you have or suspect you have a health problem, you should consult your healthcare provider immediately. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

11.3 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.

EU/EEA Users: Nothing in these Terms affects your statutory rights under applicable consumer protection laws.

12. 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

EU/EEA Users: This limitation of liability does not apply to liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

13. 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

14. 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.

We encourage you to review the privacy policies and terms of service of any third-party websites or services that you visit.

15. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Website, to understand our practices regarding the collection, use, and disclosure of your personal information.

EU/EEA Users: Our Privacy Policy includes specific information about your rights under GDPR and how we comply with EU data protection requirements.

16. Governing Law and Jurisdiction

16.1 General

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.

16.2 EU/EEA Users

For users located in the European Union or European Economic Area:

  • You retain the benefit of mandatory provisions of consumer protection laws in your country of residence
  • You may bring legal proceedings in the courts of your EU/EEA member state of residence
  • GDPR and applicable EU member state data protection laws shall apply to the processing of your personal data

17. Dispute Resolution

17.1 General Users

Any dispute arising out of or relating to these Terms or the Website shall be resolved through the courts of the Province of Alberta.

17.2 EU/EEA Users

EU/EEA users have the right to:

  • Lodge a complaint with their local data protection supervisory authority
  • Bring proceedings in the courts of their EU/EEA member state of residence
  • Access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr

18. 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. The invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have between us regarding the Website.

20. Language

These Terms are provided in English. If we provide a translation of these Terms, the English version will prevail in case of any conflict.

21. Contact Us and Data Protection Officer

If you have any questions about these Terms, wish to exercise your data protection rights, or need to contact our Data Protection Officer, please contact us:

Spirited Health Institute
9847 Oakhill Dr SW
Calgary, AB, T2V 3X1
Canada

Email: hello@spiritedhealth.org