Terms of Use

1. ACCEPTANCE

1.1 Welcome! By accessing or using the boundlessaging.com website (the “Site”) owned and operated by Derrer Inc. (the “Owner”), you agree to follow and be bound by the following terms and conditions concerning your use of the Site (“Terms of Use”). The Owner may update the Terms of Use at any time without notice to you. Updated versions of the Terms of Use will be made readily available and accessible through the Site.

2. NO MEDICAL ADVICE PROVIDED

2.1 ALL INFORMATION ON THE SITE INCLUDING, WITHOUT LIMITATION, ANY FACTS, VIEWS, OPINIONS, RECOMMENDATIONS, DESCRIPTIONS OF, OR REFERENCES TO PRODUCTS, SERVICES, EXERCISES, MEAL PLANS/NUTRITION, OR OTHER INFORMATION (COLLECTIVELY THE “INFORMATION”) IS:

(a) FOR INFORMATIONAL PURPOSES ONLY;
(b) NOT TO BE TAKEN AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT;
(c) NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

2.2 ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER ABOUT ANY QUESTION YOU HAVE REGARDING A HEALTH CONDITION OR PROCEDURE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANYTHING THAT YOU HAVE READ OR SEEN ON THE SITE.

2.3 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE INFORMATION CARRIES WITH IT CERTAIN RISKS AND DANGERS. YOU ASSUME WITHOUT QUALIFICATION OR LIMITATION, ALL THESE KNOWN AND UNKNOWN DANGERS AND RISKS. YOU HAVE SATISFIED YOURSELF THAT YOU ARE PHYSICALLY, EMOTIONALLY AND MENTALLY CAPABLE TO USE THE SITE AND THE INFORMATION AND ACCEPT FULL RESPONSIBILITY FOR UNDERSTANDING AND FOLLOWING SAFE PRACTICES WHEN USING THE SITE AND THE INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR HEALTH AND SAFETY WHEN USING THE SITE AND THE INFORMATION.

2.4 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU MUST CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING THE SITE OR ANY OF THE INFORMATION IF YOU ARE PREGNANT, BREASTFEEDING OR HAVE ANY KNOWN OR SUSPECTED MEDICAL CONDITIONS SUCH AS HEART DISEASE, CANCER, SERIOUS OBESITY, OR OTHER CONDITIONS REQUIRING REGULAR MEDICATION OR MEDICAL SUPERVISION.

3. PROGRAM TERMS AND CONDITIONS

3.1 In addition to these Terms of Use, all Boundless Aging Coaching Programs made available through the site are subject to any specific Program Terms and Conditions which are located at the following link: Program Terms and Conditions.

4. IMPORTANT DISCLAIMER

4.1. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE OWNER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING ANY MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE OWNER DOES NOT REPRESENT OR WARRANT: (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS; OR (B) THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR-FREE; OR (C) THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE SITE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE. IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE, LOST PROFITS, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES), WHETHER OR NOT THE OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM YOUR USE, OR INABILITY TO MAKE USE OF THE SITE.

4.2. OTHER THAN THE CONTRACTUAL RELATIONSHIP CREATED BY THESE TERMS OF USE AND THE PROGRAM TERMS AND CONDITIONS, NO RELATIONSHIP OF ANY KIND IS CREATED BETWEEN YOU AND THE OWNER OR ITS OFFICERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BY YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOUR USE OF THE SITE DOES NOT ESTABLISH A DUTY OF CARE OR FIDUCIARY RELATIONSHIP WITH THE OWNER.

5. LIMITATION OF LIABILITY

5.1. In no event shall the Owner, its officers, directors, employees, agents, licensors, and their respective successors and assigns be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, inaccurate information, improper treatment, or any other loss incurred in connection with your use of, or inability to use, the Site regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

5.2. The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party user of the Site, or any advertiser or sponsor of the Site (“third-party”). Under no circumstances shall the Owner, its officers, directors, employees, agents, licensors, and their respective successors and assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Site, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such damages.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. Materials posted on the Site including, without limitation, information, text, content, videos, software, photos, graphics and sound are owned by us, and protected by intellectual property rights in the Owner’s favour. Except as stated herein, none of the material on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the Owner’s prior written consent. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of the terms or conditions of this Agreement. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without our written consent, “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

7. THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES

7.1. The Site may provide links to third-party websites. You agree that the Owner is not responsible for the availability of, and content provided on, any linked third-party websites. If you choose to purchase any products or services from a linked third-party website, your relationship is directly with the third party and not with the Owner. You agree that the Owner is not responsible for: (a) the quality of third-party products or services; or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that the Owner is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

8. TERMINATION

8.1. You agree that the Owner may, in its sole discretion, suspend or terminate your account or use of the Site. The Owner may also, in its sole discretion and at any time, discontinue providing the Site, or any parts thereof with or without notice. You agree that any suspension and/or termination of your access to the Site may be effected without prior notice, and acknowledge and agree that the Owner may immediately deactivate or delete your account and all related information. You further agree that the Owner shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or any terms, conditions, rules, policies, guidelines, or the Owner’s practices in operating the Site, your sole and exclusive remedy is to discontinue accessing or using the Site.
In the event of termination, you are no longer authorized to access the Site, or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to intellectual property and the disclaimers and limitations of liabilities set forth herein, shall survive termination. The Owner shall not be liable to any party for such termination.

9. INDEMNITY

9.1. You agree to defend, indemnify and hold the Owner and its officers, directors, employees and agents harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your breach of any provision of these Terms of Use or your access to and/or use of the Site or the Information.

10. SECURITY

10.1. The Owner cannot and does not guarantee or warrant the security or confidentiality of any communication to or from the Site or that the Site or the server that makes it available is or will be free of viruses, worms, trojan horses or disabling devices or code that manifests contaminating or destructive properties. You are solely responsible for implementing safeguards to protect the security and integrity of your computer system and are responsible for the entire cost of any service, repairs or connections of and to your computer system arising as a result of your use of the Site.

10.2. If you wish to provide information of a confidential or sensitive nature to us, please contact the Owner directly by telephone.

11. USE OF THE SITE IS PROHIBITED WHERE CONTRARY TO LAW

11.1. Use of the Site is unauthorized in any jurisdiction where the Site or any of the Information may violate any laws or regulations. You agree not to access or use the Site in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision (or any provision of this Agreement) is entirely at your own risk.

12. APPLICABLE LAWS

12.1. All matters relating to your access to, or use of, the Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to give no effect to any choice-of-law rules that may require application of the laws of another jurisdiction. You agree to submit to the jurisdiction of courts of the Province of Ontario in any legal action or proceeding arising out of these Terms of Use or the subject matter hereof.

13. SEVERANCE

13.1 If any provision of these Terms of Use is found wholly or partially unenforceable for any reason, such enforceability shall not affect the enforceability of the balance of these Terms of Use and all provisions of these Terms of Use shall, if alternative interpretations are applicable, be construed as to preserve the enforceability of this Terms of Use.

14. LANGUAGE

14.1 The parties expressly agree and request that these Terms of Use as well as all documents and notices issued thereunder or relating thereto be in English. Les parties conviennent expressément et demandent que ces Conditions d’utilisation ainsi que tous les documents et les avis émis aux termes ou qui s’y rattachent soient en Anglais.

15.ASSIGNMENT

15.1 The Owner may, in its sole discretion and without notice, assign these Terms of Use, in whole or in part, at any time. Our access to the Site and your rights and obligations under these Terms of Use are personal to you only and cannot be transferred or assigned by you to any other person.

16.WAIVER

16.1 The Owner’s failure to assert a right under these Terms of Use or to insist upon compliance with any term shall not constitute a waiver of that right.

13. ENTIRE AGREEMENT

13.1. These Terms of Use, together with any specific program Terms and Conditions, constitute the entire agreement between you and the Owner pertaining to your use of the Site and supersedes all prior representations, proposals, discussions, and communications, whether oral or in writing between you and the Owner relating to the Site.

TERMS OF USE