Your use of www.backtosassy.com and its subsidiaries including www.getyoursassyback.com (referred to as the “Website”), which is owned and operated by Back To Sassy. (BTS, “we” or “us”), constitutes your acceptance of BTS’s Terms & Conditions (“Terms & Conditions” or “Agreement”).
This is a legally binding agreement between BTS (as defined below) and you that you are agreeing to enter into by virtue of your use of the Website. If you do not accept these Terms & Conditions, you do not have our authorization to access or use the Website.
The Website is not intended for anyone under the age of 18.
By accepting these Terms & Conditions, you confirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions and any applicable laws, statutes, ordinances, rules and regulations, including, without limitation, privacy laws, intellectual property laws, internet and anti-spam laws, and other applicable general business laws or regulatory requirements.
1. The Website Does Not Provide Medical Advice
The contents of the Website, such as text, graphics, images, information obtained from the Website’s licensors and other material (“Content”) contained on the Website is for informational purposes only. The Content has not been evaluated by Health Canada and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. You should seek medical attention before undertaking any diet, dietary supplement, exercise or other health program described on the Website. BTS does not recommend self-management of one’s health care. Reliance on any information provided by or via the Website is solely at your own risk.
Information obtained by using the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. The Content provided on the Website is compiled from numerous sources. BTS and its directors, officers, employees, agents, subsidiaries, affiliates, assignees and licensees (collectively, “Affiliates”) as well as its licensors, suppliers, and independent contractors, do not directly or indirectly practice medicine or provide medical services as part of the Website. Should you have any healthcare–related questions, please call or see your physician or other healthcare providers promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Website. If you think you may have a medical emergency, call your doctor, 911 or local emergency services immediately.
The Website contains health or medically related materials, including information about women’s reproductive issues, that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your locality.
3. Your Use of the Website – Permissions and Restrictions
BTS hereby grants you permission to access and use the Website as set forth in these Terms & Conditions, under the following conditions:
* You agree to use the Website for lawful purposes only. The Content is protected by copyright and other intellectual property laws under both Canadian and foreign laws and contains trademarks and other proprietary information. Title to the Content remains with BTS or its licensors. Any use of the Content not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of BTS. All rights not expressly granted herein are reserved to BTS and its licensors. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
* BTS authorizes you to view or download a single copy of the material made available on the Website solely for your personal, noncommercial use, so long as you do not remove any copyright or other proprietary rights notices contained in the Content. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of BTS. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
* You agree not to (i) alter or modify any part of the Website or (ii) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
* Any special rules for the use of certain software and other items provided on the Website may be included elsewhere within the Website and are incorporated into these Terms & Conditions by reference.
* You agree not to access or use the Website for any commercial use (or otherwise seeking to monetize the Website) without the prior written authorization of BTS. Prohibited commercial uses include, but are not limited to, any of the following actions taken without BTS’s express approval:
*posting on or transmitting through the Website any material which contains advertising or any solicitation or “spam” with respect to products or services;
*advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other online information services that compete, directly or indirectly, with the Website; *selling of access to the Website or its related services on another website;
*using the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and/or
*any use of the Website or its related services that BTS finds, in its sole discretion, to be a use of BTS’s resources or User Submissions to compete with or displace the market for BTS, BTS content, or its User Submissions.
“User Submissions” include all forms of information or material uploaded or communicated in any manner by users to the Website, our Facebook Page, YouTube page, LinkedIn page, Twitter account, Instagram account, TikTok account, or any other online source, including, but not limited to, questions, comments, reviews, participation in blogs, or suggestions for new or improved products or services.
*You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the BTS servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses, worms, time bombs, Trojan horse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, BTS grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BTS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g., comments, email, etc.) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Any conduct by you that in BTS’s opinion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
*In your use of the Website, you will otherwise comply with these Terms & Conditions and all applicable local, national, and international laws, statutes, ordinances, rules and regulations. You agree not to post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which (in BTS’s sole discretion) is unlawful, threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, which gives rise to civil liability, or which otherwise violates any law, statute, ordinance, rule or regulation.
*You agree not to upload, post or otherwise make available on the Website in a User Submission any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary rights, and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such User Submission.
*You agree not to collect the personally identifiable information of any other user(s) of the Website.
*You agree not to impersonate any other person, forge an email address or create a false identity while using the Website or conduct yourself in a vulgar or offensive manner while using the Website. You agree that BTS may reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at BTS’s sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
*You agree that BTS, should it accept a User Submission, may include that User Submission on the Website for as long or as short a period of time as BTS, at its sole discretion, chooses. Furthermore, you agree that BTS may edit User Submissions and/or remove User Submissions at any time.
*You agree that BTS shall have the right, but not the obligation, to monitor the content of the Website and to remove any User Submission or other material that BTS, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
*BTS reserves the right to discontinue any aspect of the Website at any time.
4. BTS Accounts
In order to access some features of the Website, you will have to create a BTS account. You may never use another’s account without permission. When creating your account, you must provide true, accurate, current and complete information. BTS reserves the right to refuse or terminate any account for providing untrue or inaccurate information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree not to share your account information, including, without limitation, your account password, with anyone. You must notify BTS immediately of any breach of security or unauthorized use of your account. Although BTS will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BTS or others due to such unauthorized use.
The creation of a BTS account is an explicit acceptance by you of these Terms & Conditions.
5. Electronic Communications
By establishing an account with the Website, you consent to receive electronic communications from BTS. These communications will include notices about your account and information concerning or related to the Website and/or our services. These communications are part of your relationship with BTS and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. If you have any questions or feedback regarding the Website or your use thereof, you may contact BTS at DrTayo@GetYourSassyBack.com.
6. Right to Terminate
BTS reserves the right to terminate or restrict your use of the Website and /or our services, without notice, for any or no reason whatsoever. BTS reserves the right to determine whether a User Submission is appropriate and complies with these Terms & Conditions. BTS may remove such User Submissions and /or terminate a user’s or member’s access for uploading material in violation of these Terms & Conditions at any time, without prior notice and at BTS’s sole discretion.
7. Disclaimer of Opinion
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties (including other users) on the Website are those of the respective authors or producers and not of BTS, or its shareholders, directors, officers, or employees. Under no circumstances shall BTS, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.
8. Disclaimer of Warranty
Reasonable efforts have been made to ensure the accuracy of information presented on the Website, but the accuracy of this information cannot be guaranteed. The Website, the Content, and any and all services or products promoted via the Website are provided on an “as is” basis. The use of the Website, the Content and any product or service discussed or promoted via the Website is at your sole risk. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of BTS and its suppliers.
YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, THE CONTENT AND YOUR USE OF OR INABILITY TO USE THE SAME. NEITHER BTS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, SECURE, RELIABLE OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE, PRODUCT, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY OF DATA, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER BTS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE OR RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND /OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. BTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS THAT GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARDS TO THE CONTENT CONTAINED ON THE WEBSITE HAVE BEEN SATISFIED.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
9. Limitation on Liability of BTS
IN NO EVENT SHALL BTS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE OR SIMILAR ECONOMIC LOSS, WHETHER TANGIBLE OR INTANGIBLE, ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS, DOWNLOAD OR USE OF THE WEBSITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE WEBSITE OR ANY AFFILIATED SITES OR PRODUCTS, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BTS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS CONTROLLED AND OFFERED BY BTS FROM ITS OFFICES IN CANADA, AND BTS MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE PRECEDING PARAGRAPH, BTS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THE WEBSITE OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SUCH PARTIES SHALL IN NO EVENT EXCEED THE LESSER OF (I) THE ACTUAL DAMAGES INCURRED BY YOU, AND (II) CAD. $500.00.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain warranties. Any claims arising in connection with your use of the Website or any Content must be brought within one (1) year of the date of the event giving rise to such claim. Remedies under these Terms & Conditions are exclusive and are limited to those expressly provided for in these Terms & Conditions.
You agree to defend, indemnify and hold harmless BTS and its affiliates and their respective directors, officers, members employees, representatives and agents (“Related Parties”) from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements), known and unknown, asserted against, imposed upon or incurred by BTS or its Related Parties arising out of, resulting from or relating to: (i) your use of the Website and /or any information, services and /or goods purchased or provided via the Website; (ii) your violation of these Terms & Conditions; (iii) your infringement or violation of any third party right, including but not limited to any copyright, property or privacy right in connection with any User Submission or otherwise; and /or (iv) any claim that any of your User Submissions caused damage to a third party.
The limitations, exclusions and disclaimers contained in this section and elsewhere in these Terms & Conditions apply to the maximum extent permitted by applicable law. The obligations under this Section will survive these Terms & Conditions and your use of the Website.
11. Advertisements, Product/Service Promotions and Links to Other Sites
12. User Submissions and Contributions
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize BTS to use all patent, trademark, trade secret, copyright and other intellectual property and proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms & Conditions. All right, title and interest in and to User Submissions, to the extent it does not belong to third parties, will remain with you subject to the licenses you make herein.
BTS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BTS expressly disclaims any and all liability in connection with User Submissions. BTS does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BTS will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights. BTS reserves the right to remove User Submissions without prior notice. You acknowledge that you have no expectation of privacy with respect to User Submissions or other communications made through the Website.
BTS is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to BTS including, without limitation, responses to questionnaires or through postings to the Website, BTS’s Facebook Page, YouTube page, LinkedIn page, Twitter account, Instagram account or any other online source, without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Website or other websites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against BTS and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.
We reserve the right to reject, remove or edit User Submissions at any time without notice. User Submissions should not be posted that infringe the rights of third parties or contain: (i) harsh, profane, vulgar or discriminatory language; (ii) illegal, obscene, threatening, defamatory or otherwise objectionable content; (iii) URLs, phone numbers, mailing or email addresses, or personal attacks; (iv) misleading information regarding the origin of the content; or (v) a discussion of BTS policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) at our sole discretion, for any reason or no reason. We would appreciate your help in reporting to us any User Submissions that you believe violate the Terms & Conditions. Please direct the relevant information, including the IP address used to commit the alleged violation and the date and time of the alleged violation (including time zone) to DrTayo@GetYourSassyBack.com
You expressly agree that any claim or controversy arising out of or related to these Terms & Conditions, the Website, or the services or products provided on or through the Website shall be settled by binding arbitration to be held in Ontario, Canada in accordance with the rules of the Canadian Arbitration Association. Any such claim or controversy hall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude BTS from seeking any injunctive relief in any court of competent jurisdiction for the protection of BTS’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving BTS or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms & Conditions are governed by the internal substantive laws of the Province of Ontario, without respect to its conflict with the principles of the law. No waiver of any of these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
14. Revisions to Terms & Conditions
These Terms & Conditions may be revised, modified, altered or updated (“Modified Terms”) by BTS at any time at its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Website. Any access to or use of the Website by you after such posting shall be deemed to constitute your acceptance of such Modified Terms. If you object to the Modified Terms, you may terminate your account and cease your use of the Website.
15. Entire Agreement
If any arbitrator or any court of competent jurisdiction declares any provision of these Terms & Conditions to be invalid, unlawful or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.
17. Intellectual Property Notice
All content on the Website, including, without limitation, all newsletters, e-newsletters and other materials distributed via the Website, are owned by and are protected by Canadian and international copyright, trademark and other intellectual property laws. All rights in and to such content are reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and BTS by your use of the Website or otherwise. The provisions of these Terms & Conditions which by their sense and context are intended to survive the termination of these Terms & Conditions or your use of the Website shall so survive and continue to bind the parties, regardless of the reason for termination, including, without limitation, your termination of your BTS account. Without limiting the generality of the foregoing, the parties specifically acknowledge that the following provisions shall so survive: Sections 2, 7, 8, 9, 10, 11, 12, 13, 15, 17 and 18.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you (and any such purported assignment shall be null and void), but may be assigned by BTS without restriction. The section headings used herein are for convenience only and shall not be given any legal import. In resolving any dispute or construing any provision hereunder, there shall be no presumptions made or inferences drawn (i) because the attorneys for one of the parties drafted the agreement; (ii) because of the drafting history of the agreement; or (iii) because of the inclusion of a provision not contained in a prior draft, or the deletion of a provision contained in a prior draft.
These Terms & Conditions are for the benefit of BTS, its Affiliates as well as its licensors, suppliers, and independent contractors, and each shall have the right to assert and enforce these Terms & Conditions directly or on its own behalf.
These Terms & Conditions, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by the laws of the Province of Ontario applicable to contracts entered into and wholly to be performed within the said state without regard to conflicts of laws.
This policy is effective as of September 1, 2023.