Your Acceptance of these Terms of Use
Updated: March 23, 2021
Please read these terms of use carefully before using this website as they represent a binding agreement (the “Agreement”) between each user of our website (referred to as “you” or “your”) and Stimulate Health Inc. (referred to as “Stimulate”, “we”, “us” or “our”).
If you wish to access and use our website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website.
You agree that this Agreement, and any related information, communications and agreements between you and us, may be made available or occur electronically.
These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these terms of use at: https://stimulatehealth.ca/terms-of-use.php.
Use of Our Website
The website is only intended for access and use by users located within Canada. If you access our website from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Stimulate grants you (as a permitted user) a limited, revocable, non-exclusive licence to access our website for your own personal or internal business use, and in compliance with all applicable laws. Use of our website beyond the scope of authorized access granted to you by this Agreement immediately terminates that licence.
Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Stimulate is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason.
All rights not expressly granted by this Agreement are reserved to us, or, if applicable, our licensors.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.
Our Services
Stimulate is an orthopaedic medical devices company providing products and services to accelerate recovery and help individuals return to their active daily lives. We offer in-home training and delivery to ensure comfort, convenience, and confidence in our products. We are committed to exceptional care and customer service for our referring physicians and patients.
Stimulate’s website may, from time to time, include information about health, medical and fitness conditions and treatment for same. Stimulate is not a health care provider. Nothing on our website is intended to constitute medical advice, including a diagnosis. Any health, medical or fitness information contained on the website is not intended to be a substitute for advice provided by a medical professional.
Trademark and Copyright Information
Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Stimulate.
You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Stimulate, and agree to abide by any and all copyright notices displayed on our website. For greater certainty, the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without Stimulate’s prior written approval.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.
Your Privacy
We respect your right to privacy. All information that we may collect via our website is subject to our privacy statement, which is accessible at: https://stimulatehealth.ca/privacy-policy.php.
Disclaimer of Warranties and Liability
OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Stimulate does not warrant the accuracy or completeness of the Content. Stimulate and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages in excess of CDN$100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or our website. As noted above, Stimulate may make changes to our website at any time without notice. However, Stimulate makes no commitment to update the information contained herein.
Indemnity
You agree to indemnify and hold Stimulate and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our website, your use of our website, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another person.
Independent Relationship
Nothing in this Agreement shall be construed as forming a partnership or joint venture between Stimulate and you. Neither party to this Agreement will have the authority to bind the other by contract or otherwise, or make any representations on behalf of the other. You acknowledge that Stimulate is acting independently from you, and that Stimulate will not be deemed, under any circumstances, to be your employee or agent for any purpose.
General Matters
This Agreement constitutes the entire agreement between you and Stimulate regarding your use of our website, superseding any prior agreements between you and Stimulate. This Agreement and the relationship between you and Stimulate shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Stimulate agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Stimulate to exercise or enforce any right or provision of this Agreement of use shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You may not assign any of your rights and obligations under this Agreement; Stimulate may assign any of its rights or obligations under this Agreement at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
Contact Stimulate
If you have any questions about this Agreement, please contact:
Anna Rowell
219 Dufferin St., Suite 111A
Toronto, ON M6K 3J1
Email: Anna@stimulatehealth.ca
Phone: 416-251-4295
Fax: 1-888-507-5178
