Terms & Conditions & User Agreement
- These Terms & Conditions & User Agreement (also herein “terms and conditions”, “Agreement” or “agreement”) set forth how 2340911 Ontario Inc., Your Ideal Patients at www.youridealpatients.com (also herein, the “Company”, “we”, “us” or “our”) and you the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), agree to respect each other and each other’s property while and after you are using our website, pages and other information published through www.youridealpatients.com The term “you” also includes, as applicable, any company, group or organization you may represent, which also is bound hereby, jointly and severally with you as an individual, with your attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions.
- Copyright & Trademark Notice: Unless otherwise specified, all materials appearing on this site, without limitation including the text, site design, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2017, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site or for placing an order through this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or except for the content in the Monthly Marketing Package. All images pertaining to the done-for-you marketing are free from copyright infringements and all content is free for use on your communication channels.by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
- No Professional Advice: The beneficial but low and no-cost advice shared on our site has been provided for general educational purposes only and for no other purpose. Nothing we provide for you here is intended to replace any form of competent professional advice. If you are in need of professional advice, including medical, mental or emotional health, legal, accounting or tax advice, or any other form of professional advice, then you should seek out a competent professional in that area who can ensure you are provided help that is specific to your particular situation and circumstances. To the extent our offerings are provided to support health, you agree and pledge to maintain full and sole responsibility for your own health and that of your dependents.
- No FDA Evaluation: As applicable, the advice shared on this site has not been evaluated by the US Food & Drug Administration (FDA) or Health Canada. The products and methods mentioned or recommended on this site are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.
- Trade Disclosures: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: [email protected] The Company sometimes accepts forms of cash advertising, direct sponsorship, affiliate sponsorship, paid insertions, or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts, advertisements or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that blogger’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
- Policy for Our Giveaways:
- No purchase(s) necessary to win.
- Unless stated otherwise or delivery is electronic, giveaways are for North American residents only.
- Entrants must be natural persons 18 years of age or older to enter.
- Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person to respond to our free call to action.
- Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam or the like.
- Winners will have 48 hours to claim the prize or another winner may be chosen at our discretion.
- We may, at our discretion, make public the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed.
- A winner’s tax considerations and any tax or tax-related obligations are entirely their own. Since all of our giveaways are for cash, goods and/or services valued at less than US$600, we don’t and won’t be sending any winner a form 1099-misc for US income tax purposes.
- We reserve the right to end, extend, or change a giveaway for any reason and without prior notice.
- We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.
- In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.
- Odds of winning in one of our giveaways depend on number of entrants.
- Void where prohibited by law.
- Governing Law: This agreement shall be construed under the laws of Canada and United States Of America without regard to conflicts of law principles.
- Severability and Interpretation: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity or vagueness of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
- Survival: All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.
- Arbitration & Relief in Equity: All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration in Ontario, Canada or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit the Company from seeking to uphold and defend its rights and privileges contained in the terms of this Agreement or any other applicable agreement with its Users, Members or Affiliates by requesting injunctive relief, administrative relief or any relief in equity, including, without limitation, remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means.
- Refunds and Returns: At Company’s sole discretion, Company may provide from time to time a refund and/or return policy for you for the products and/or services it provides to you. If or when Company may provide a refund/return policy, it does so in writing in its marketing materials for each of its products and/or services that it provides and/or sells to you, which policies Company may or may not provide for each of its products or services. If, for whatever reason, the Company does not provide a refund/return policy on its marketing materials for one of its products or services, then no refund or return shall be available for such product or service, as long as the Company already has made delivery or availability of the product or a materially complete rendering of its service to you. Company’s refund/return policies may differ from product to product, service to service and/or from time to time, and these policies may change looking forward at any time at the Company’s sole discretion. You agree to make any requests for any available refunds or returns before or on any applicable deadline by email at the following address: [email protected] including the word “refund” or “return”, as applicable, in the subject line of your email. Prior to issuing/processing any form of refund and/or return that may be available, at Company’s sole discretion, it may require you to certify with it in writing that you already have fully completed and fulfilled your obligation hereunder to thoroughly search for, and to permanently delete and destroy, all of the digital or electronic Company-provided documents or materials, and to return (only at the Company’s sole discretion: and/or destroy) all physical Company documents or materials that are in your possession, including without limitation any or all copies or printouts you may have made of any Company documents or materials. You agree to make any such returns at your sole expense, with their arrival at the Company to be made prior to or on any refund deadline, without any material waste or breakage; the Company may await the safe arrival of your return before issuing any refund. Also, prior to issuing any form of refund and/or return that may be available, at Company’s sole discretion, it may require that you re-certify and pledge to continue to uphold your obligations under these Terms and Conditions and under any other agreement you have made with the Company, the terms and provisions of all of which shall continue to apply to the parties hereof and continue as valid and binding agreements, including after any such refund or return is completed, for the longer period of (i) the longest period available under applicable law, or (ii) thirty-five years after the date of your request for a refund and/or return. Company shall not be liable for any untimely or improper refund or return requests, or for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of these Terms and Conditions, use or misuse of our materials or content, or other performance of services hereunder. You agree and acknowledge that all of these Terms and Conditions are fair, equitable and reasonable to both parties, including without limitation the provisions of this Section 12.
- Indemnification: User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s content and information and from user’s breach of any of the terms contained in this agreement.
- Counterparts: This agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement It’s understood that your accessing and using the information on this website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.
- Headings: The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement.
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- We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This version and last update of this policy have been effective since the date listed at the end of this policy.
- What We May Collect: We may collect the following information:
- Contact information including email address.
- Demographic information such as postcode, preferences and interests.
- Other information relevant to customer orders, surveys and/or any offers or giveaways.
- Any information you may send, post or deliver to us, either electronically or otherwise, regardless of whether we have committed not to collect it as part of our standard practices under this policy.
- What We Do Not Collect: Our standard practices include using secure third-party payment processors for any online payments to us. For this reason, and for the benefit of your privacy and security, we do not collect any of the following information:
- Credit card or debit card numbers, except for the last four digits of them, which may be collected by us to provide you with any refund, if available, to verify your status as an adult, and for transaction verification purposes.
- Bank account information.
- Social security numbers or tax identification numbers, except for tax purposes from our affiliates who are providing these numbers to us so they can receive payments from us.
- What We Do with the Information We Gather: We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, text, fax or mail. We may use the information to customize the website according to your interests.
- Security: We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online, including our use of secure third-party payment processors. Any of your information collected by these secure third-party processors is subject to their own privacy policies, not ours; therefore, you and we hereby agree that we will have no liability in connection with the actions or inactions of these processors.
- Our Pledge to You: We will not sell, lease or distribute your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting. We love our visitors and subscribers and we will not sell or rent your email address or any other information to any third parties.
- A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to work more efficiently and to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
- We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to each user’s needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
- Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the information you choose to share with us.
- You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent or limit you from taking full advantage of the website.
- Opting Out and Managing Your Information with Us: You may choose to stop the collection or use of your personal information by opting out at any time as provided here. Please note, however, if you are a member of any of our paid membership programs or an affiliate of our affiliate program, then opting out under this policy may result in a cancellation of your membership or affiliate account(s) with us, and a new membership fee or reinstatement fee may apply if you ever want to regain access to any of our membership or affiliate programs. For this reason, if you are a member or affiliate of ours, we may, at our option, email you to verify (i) that you have fulfilled or are fulfilling your obligations under any agreement you may have with us, and (ii) that you do intend to cancel your membership(s) or affiliate account(s) with us, before we close your membership(s) or affiliate account(s). If at any time you would like to opt out, please contact us by email at [email protected] including the words “opt out” in the subject line. If at any time you believe that any information we are holding on you is incorrect or incomplete, please contact us by email at the email address above including the words “contact info correction” in the subject line. If at any time you no longer want to receive emails similar to those you are receiving from us, you may unsubscribe using the “unsubscribe” link or button at the bottom of our email messages or, if you prefer, you may unsubscribe by contacting us by email at the email address above including the word “unsubscribe” in the subject line. If you choose to unsubscribe, we wish you all the best, and you’re welcome to re-subscribe at any time.
- Communications & Other Privacy Matters: You consent to communicating with us through e-mail, including without limitation the exchanging of documents as attachments to e-mail communications. You understand that such communications may include information that we or you consider private, and that not all computer networks are necessarily secure. You agree to hold us harmless for any non-intentional loss of or access to electronically exchanged and stored information. We reserve the right to make changes to this policy at any time. Some of the provisions of our Terms & Conditions and our Member Agreement may affect your privacy; therefore, our Terms & Conditions and Member Agreement are incorporated herein by reference.
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- The Names: You acknowledge and agree that we are the sole owner of the following names and brands, and, as applicable, the following internet domain names: www.youridealpatients.com, and any variations thereof, including but not limited to any and all designs, logos, trade dress, marks, trademarks (whether or not included in any formal trademark application already or in the future) and branding associated with these names (all these collectively referred to herein as the “Names”).
- The Materials: In connection with your Membership, we have provided and are providing you with access to materials related to your Membership, including content, assets, intellectual property and materials, which hereby include any and all materials we provide to you as a general user of our website, whether already or in the future, and also include any and all additional materials we provided to you as a Member, whether already or in the future, and which may or may not include or be labeled with the Names (herein, the “Materials”). You acknowledge and agree that we are the sole and exclusive owner of the Materials, and that all our Materials hereby are, and shall be, considered “corporate documents”, or “Corporate Documents”, as described by the World Intellectual Property Organization (“WIPO”) and in the Digital Millennium Copyright Act of 1998 of the United States, as amended.
- Natural Person: You and we agree (i) that we are providing the Materials under this Agreement to you personally, individually and as a natural person, and also to your, or Licensee’s Entity (or Licensee’s Entities) (as defined in the following section), if any; therefore, you are entering into this Agreement as an individual and also on behalf of any Licensee’s Entity, and (ii) that we are providing the Materials to you for your own personal and individual education and development and for the benefit of any Licensee’s Entity and for no other purpose except as may be provided in this Agreement. If you use the Materials for any Licensee’s Entity, then you and such Licensee’s Entity (or Licensee’s Entities) shall be bound jointly and severally and hereby agree to every term of this Agreement and you are hereby representing you have the express authority of Licensee’s Entity (or Licensee’s Entities) to so bind and agree on behalf of such entity (or entities).
- Our Grant of License to You: Licensor hereby grants to Licensee and Licensee hereby accepts the right, privilege and nonexclusive license to use the Materials solely in connection with Licensee’s personal individual use and for the benefit of Licensee’s Entity (or Entities), if any; in this Agreement “Licensee’s Entity” or “Licensee’s Entities” shall mean the website(s), business entity (or entities), organization(s) or other entity (or entities) of which Licensee personally and individually is the 100 percent owner. Licensee shall use the Materials at all times for Licensee’s personal individual use and/or for the use of Licensee’s Entity (or Licensee’s Entities), if any, and for no other purpose. Licensor represents and warrants that, to the best of its knowledge, it owns all rights and privileges to the Names and Materials, including but not limited to all rights under any and all applicable intellectual property and general property laws.
- License Fee: Licensee represents Licensee has duly paid Licensor a license or membership fee for the use of the Names and Materials to which Licensee has been given access by Licensor. If a User/Licensee has obtained unauthorized access to certain member areas or to Materials for which the User/Licensee hasn’t paid, such User/Licensee is in material breach of this Agreement, including Licensor’s Terms & Conditions.
- Nonexclusivity: Nothing in this Agreement shall be construed to prevent Licensor from granting any other licenses for the use of the Name or Materials or from utilizing or modifying the Names or Materials in any manner whatsoever. Licensee agrees not to interfere in any manner with, or attempt to prohibit the use of the Names and Materials by, any other licensee duly licensed by Licensor.
- Protection of Our Title & Rights: Licensee agrees that it will not during the term of this Agreement, or thereafter, attack the title or any rights of Licensor in and to the Names and Materials or attack the validity of the license granted herein. Licensee agrees to assist Licensor to the extent necessary in the procurement of any protection or to protect any of Licensor’s right to the Names and Materials. Licensee shall notify Licensor in writing of any infringements or imitations by others of the Names and Materials which may come to Licensee’s attention, and Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensee agrees to cooperate fully and in good faith with Licensor for the purpose of securing and preserving Licensor’s rights in and to the Names and Materials, and Licensor shall reimburse Licensee its reasonable costs for such cooperation unless Licensee is in breach of this Agreement. It is agreed that nothing contained in this Agreement shall be construed as an assignment or grant to the Licensee of any right, title or interest in or to the Names and Materials, it being understood that all rights relating thereto are reserved by Licensor, except for the license hereunder to Licensee of the right to use and utilize the Names and Materials only as specifically and expressly provided in this Agreement. Licensee hereby agrees that at the termination or expiration of this Agreement, Licensee will be deemed to have assigned, transferred and conveyed to Licensor any trade rights, equities, good-will, titles or other rights in and to the Names and Materials which may have been obtained by Licensee or which may have vested in Licensee in pursuance of any endeavors covered hereby, and that Licensee will execute any instruments requested by Licensor to accomplish or conform the foregoing. Any such assignment, transfer or conveyance shall be without other consideration than the mutual covenants and considerations of this Agreement. Licensee recognizes that there exists great value and good-will associated with the Names and Materials, and acknowledges that the Names and Materials and that all rights therein and good-will pertaining thereto belong exclusively to Licensor, and that the Names and Materials have a secondary meaning in the mind of the public.
- Use of Names and Materials: Licensee shall have no right to affix the Names or Materials to any building, sign, merchandise, image, website or webpage, document or other item, whether online or offline, without first obtaining Licensor’s express written consent, which consent shall be within the reasonable discretion of Licensor. Licensee shall have no right to copy any of the Names or Materials, without first obtaining Licensor’s express written consent, which consent shall be within the sole discretion of Licensor. Licensee shall have no right to modify any of the Materials without first obtaining Licensor’s express written consent, which consent shall be within the reasonable discretion of Licensor. Licensee hereby promises that Licensee’s use of the Names or Materials, whether directly or by association, (i) shall not in any way reflect negatively on Licensor’s Names, Materials or Licensor, and (ii) shall be and are fully compliant and complimentary with any applicable laws, regulations, corporate rules and guidelines. If or when Licensor provides Licensee with a part of the Materials as a template for Licensee’s modification and personal individual use or for use with Licensee’s Entities (the “Template”), Licensee may copy and modify the Template as long as Licensee’s use and modifications of the copy of the Template fully complies with Licensor’s written instructions for the Template and with the terms of this Agreement. After Licensee’s full compliance with Licensor’s written instructions for modifying the Template (thereafter “Licensee’s Modified Template”), Licensee may affix Licensee’s Modified Template to any website or webpage, document or other item, whether online or offline. Licensee further agrees to fully complete and comply with Licensor’s written instructions for the Template, including without limitation any attribution or copyright-notice instructions. Licensee also acknowledges and agrees that Licensor shall retain full and exclusive ownership of Licensor’s Template, which Licensor may update and modify from time to time at its sole discretion. Licensee agrees that the Names and Materials are the sole property of Licensor and that Licensee has no interest whatsoever in such Names and Materials, and Licensee shall use the Names and Materials only for so long as the license granted hereby remains in full force and effect. Licensee shall not take any actions, or aid or assist any other party to take any actions that would infringe upon, harm or contest the proprietary rights of Licensor in and to the Names and Materials. Any information that Licensee is exposed to by virtue of their relationship with Licensor under this Agreement, which information is not available to the general public, including without limitation the Materials and Licensor’s original Templates, shall be considered to be “Confidential Licensor Information.” Licensee may not disclose any Confidential Licensor Information to any person or entity, except when and where compelled by law, unless Licensee obtains prior written consent for such disclosure from Company.
- Lifetime Access, Term, Termination: If at any time Licensor offers Licensee “Lifetime Access” to the Materials, “Lifetime Access” shall mean Licensee’s license rights granted hereunder and rights to use the Materials may be terminated by Licensor immediately with or without notice and without the opportunity to cure should any of the following events occur: (i) the death of Licensee, or (ii) the end of Licensor’s business as a going concern, including, for example and without limitation, by its bankruptcy, or (iii) the end of, or disability for greater than 12 months of, Licensor’s access to and use of the internet, which is the primary platform or system by which the Materials are delivered to Licensee, or (iv) Licensee shall fail or refuse to perform any other obligation created by this Agreement of Licensee breaches any term or condition of this Agreement or any other agreement between Licensee and Licensor or its affiliates, or (v) Licensee has made any misrepresentations relating to the acquisition of the license granted herein, or (vi) Licensee engages in conduct which reflects unfavorably on the Names and Materials or upon the operation and reputation of Licensor’s business; “Lifetime Access” shall not include Licensee’s access to any social media forums, groups or pages sponsored by Licensor, any Materials expressly excluded by Licensor, or any Materials labeled by Licensor as available for a limited time. Licensee may not terminate this Agreement. In the event of termination of this License for any reason, Licensee shall immediately cease all use of the Names and Materials and shall not thereafter use any material, name, mark or trade name similar thereto. Termination of the license under the provisions of this subsection shall be without prejudice to any rights which Licensor may otherwise have against Licensee.
- Relationship of Parties. Licensee shall not in any manner or respect be the legal representative or agent of Licensor and shall not enter into or create any contracts, agreements, or obligations on the part of Licensor, either expressed or implied, nor bind Licensor in any manner or respect whatsoever; it being understood that this Agreement is only a contract for the license of the Names and Materials. Nothing herein contained shall be construed to place the parties in the relationship of partners or joint venturers or of franchisor / franchisee. This Agreement and all rights and duties hereunder are personal and individual as to Licensee and Licensee shall not, without the written consent of Licensor, which consent shall be granted or denied in the sole and absolute discretion of Licensor, be assigned, mortgaged, sublicensed or otherwise encumbered by Licensee or by operation of law. This Agreement may not be waived or modified except by an express agreement in writing signed by both parties by non-electronic signature. There are no representations, promises, warranties, covenants or undertakings other than those contained in this Agreement with respect to its subject matter, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party may, within the time provided by applicable law, commence appropriate legal proceedings to enforce any or all of such rights.
- Notices. All notices from us to you relating to this Agreement will be sent to the email address you have provided to us. If or when you would like to notify us about your Membership or about anything relating to this Agreement, you can do so at the following email address: [email protected] including the word “membership” in the subject line.
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END OF MEMBER AGREEMENT