TERMS & CONDITIONS
Please read the terms and conditions of this agreement (“Agreement”) carefully. By
accessing the Feel Better Wellness Inc. (“FBW”) website, you agree to be bound by the
terms and conditions herein; including, our Privacy Policy, as amended from time to
time, and any additional terms which apply to particular features or services. If you do
not agree to the terms and conditions below, do not access FBW ’s website and any
web pages thereof. This Agreement is a binding agreement between you and FBW
regarding your access to and use of the FBW website (the “Website”). Each time you
use the Website, you signify your unconditional acceptance, consent, and agreement,
without limitation or qualification, to the most current version of this Agreement and our
Privacy Policy, and to providing your personal information, as defined herein, when you
access the Website. If you do not unconditionally accept and agree to this Agreement
and our Privacy Policy, then you may not use the Website.
In this Agreement, “you” and “your” refer to persons who access FBW’s Web site and
webpages. “We” “us” and “our” refer to FBW Inc. Reference to the Website and/or
webpages, includes all the FBW Website’s and webpage’s content; inter alia; all text,
images, graphics, video, functionality, and other elements available on or through the
Website and the design, structure, selection, arrangement and look and feel of each
element of website content and the website as a whole. Words importing the singular
number only include the plural, and vice versa. Reference to “person” includes an
individual, corporation, and any other legal entity; “including” or “includes” means
including or includes (as applicable) without limitation or restriction; and reference to
“law” includes common law, equity, statutes, and regulations.
You represent and warrant that you are of sufficient legal age to use our Website and to
create binding legal obligations for any liability which you may incur as a result of or in
connection to such use. Products and services advertised on our web pages are
subject to the applicable agreements governing them and to the laws of the Province of
Ontario and Canada. Further, these products and services are only available in those
jurisdictions in which they may legally be offered.
Our webpages do not constitute an offer of or solicitation by FBW for any purpose and
in any jurisdiction where such a solicitation cannot legally be made, or to any person to
whom it is unlawful to make a solicitation.
If you are applying for credit in terms of a purchase that you wish to make, you
acknowledge that by submitting your personal information, as defined herein and in our
Privacy Policy, you are making an application for credit for the purpose of financing a
prospective purchase from FBW and/or its service/product providers or authorized third
parties. Upon submitting an application for credit inquiry, FBW and/or its service
providers will then obtain a credit inquiry on you to adjudicate your credit worthiness.
There is no guarantee that you will be approved for credit since the foregoing is
contingent, inter alia, upon your financial circumstances.
The disclaimers, terms and conditions, and limitations on our Website are of general
application and shall be read to be supplementary to any other disclaimer, term and
condition, and limitation available at law. The headings in this section and this Website
are only for general reference purposes.
Additional terms and conditions may apply to the products and services offered by or on
our websites and additional terms and conditions may be located on and apply to
specific websites of ours or our service/product suppliers or other third parties. You
agree to abide by such other terms and conditions. All terms and conditions shall be
deemed severable. If any provision is determined to unenforceable or invalid, such
provision shall nevertheless be enforced to the fullest extent permitted by applicable
law, and such determination shall not affect the validity and enforceability of any other
remaining provisions. FBW will not be deemed to have waived the exercise of any
right(s) hereunder unless such waiver is made in writing.
The contents of our Website are not intended to provide specific financial, accounting,
tax, legal, or other advice but rather is intended for educational and information
purposes only. It is not intended to be a comprehensive or detailed summary or
analysis concerning such matters. Please contact the appropriate qualified professional
before acting or omitting to act based on any information obtained on or though our
website.
You will not: (a) use our Website in any manner or for any purpose except as expressly
permitted by this Agreement; (b) use our Website for a commercial or business purpose
(whether or not for profit) or on behalf of, or for the benefit of, any other person; (c)
attempt to circumvent the ordinary navigational structure, technical delivery systems or
display of our Website or attempt to access or use our Website by any means that is not
purposely made available for that purpose by FBW; (d) use the Website in a way that
interferes with or disrupts the security, integrity, functionality, operation or performance
of the Website or any related computer system, network or data; (e) license, sublicense,
grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy,
reproduce, distribute, imitate, publish, republish, translate, repost, create derivative
works from, transfer, or sell any information, software, products, or services obtained
from our Website, publicly display, transmit, distribute, create any interest in,
commercially exploit, or otherwise give or make available or permit access or use of our
Website to or for the benefit of any person, whether as a service bureau or otherwise,
and with or without charge; (f) index, crawl, catalogue, mirror, frame, scrape, cache, or
otherwise collect or mine data from our Website for any purpose whatsoever, using any
technologies, tools or methods (including robots, spiders, crawlers, or other automatic
devices, programs or methodologies) whatsoever; (g) alter, violate, circumvent, conceal,
modify or remove any notices (including proprietary rights notices), proprietary codes or
locks, means of identification, digital rights tools or management information,
technological protection measures, security or control measures, or agreements on, in
or in relation to our Website; or (h) authorize, permit, assist, encourage or enable any
other person to do any of the foregoing or to use our Website in a way that would
constitute an infringement of the rights of FBW or a breach of this Agreement if it were
done by you. Please note that the foregoing restrictions do not apply if and to the
extent, but only to the extent, that the restrictions are prohibited by applicable law.
TRADEMARKS, COPYRIGHTS, OTHER RIGHTS
You should assume everything on our web pages is protected by and subject to
applicable copyright, trademark and patent or other intellectual property right unless
otherwise noted and may not be used except with the express written consent of Feel
Better Wellness Inc. Certain names, products, technology, service, logos, graphics,
designs, words, phrases, or the like, may constitute trade names, trademarks, or service
marks (collectively “Trademarks”) owned by FBW, including its subsidiaries, affiliates, or
other entities. Any such right that is not expressly licensed herein is reserved by FBW.
Images of people, places, or vehicles displayed on our webpages are either the
property of or used with permission by FBW. Use of these images by you or other third
parties are prohibited unless expressly permitted by FBW. The display of Trademarks
on our webpages does not imply that a license of any kind has been granted to anyone
else.
Any unauthorized use, including but not limited to, downloading, modification,
retransmission, redistribution, sale, storage in any medium or other copying of these
images or the Trademark or any software may violate copyright laws, trademark laws,
privacy laws, moral rights and other applicable regulations and statutes of Canada and
other countries and is expressly prohibited. FBW, its affiliates, and subsidiaries, neither
warrants nor represents that your use of the material displayed on our web pages will
not infringe rights of third parties. Nothing contained on our webpages should be
construed as granting by implication, estoppel or otherwise, any license or right to use
any Trademarks displayed on this site without the written permission of FBW or such
third parties that may own the Trademarks. Misuse of any of the Trademarks, or any
other content, displayed on our web pages is expressly prohibited. No content from our
web pages may be posted to newsgroups, electronic bulletin boards, mail lists or
incorporated into any other site without the express written consent of FBW.
NOTICE SPECIFIC TO SOFEWARE AVAIABLE ON OUR WEBSITE
Any software that is made available for download or use
(“Software”) is the copyrighted
work of FBW and/or third parties. Use of the Software is governed by the terms of the
end user license agreement, if any, which accompanies or is included with the Software
(“License Agreement”). Certain features or functionalities of the Website are restricted
to individuals who hold a valid and subsisting FBW Account, which is governed by this
Agreement.
The Website and its software and web pages are made available solely for use by end
users according to the terms of this Agreement and any other appliable agreements.
Any reproduction or redistribution of the Website, web pages and/or software not in
accordance with this Agreement is expressly prohibited by law and may result in severe
civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
WEBSITE, WEB PAGES AND SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PERMITTED BY THIS AGREEMENT.
THE WEBSITE, WEB PAGES, AND SOFTWARE ARE NOT WARRANTED. EXCEPT
AS WARRANTED IN THIS AGREEMENT, FBW HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, WEB PAGES,
SOFTWARE, PRODUCTS AND THE LIKE, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE
REMEDY IS TO DISCONTINUE USE OF THE WEBSITE. IF YOU ARE DISSATIFIED
WITH A PRODUCT PLEASE CONTACT THE MANUFACTURER.
FOR YOUR CONVENIENCE, FBW MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. FBW DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE
ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF
ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES OR IN FBW PRODUCTS.
The Website may require you to open an account and therefore you must complete the
registration process by providing current, complete, and accurate information as
required by FBW. You also will be required to choose a password and a username
which you will use to utilize the software. You are responsible for the administration of
your account, including password confidentiality. You must immediately notify FBW of
any unauthorized use of your password or any other breach of security. FBW will not be
liable for any loss that you may incur because of any use of your account, either with or
without your knowledge.
ACCURACY AND CHANGES
Contents of this web site are believed to be current, accurate and complete as of the
date placed on our web site and web pages. FBW reserves the right to change the
contents of this web site, including the privacy and legal terms at any time without prior
notice or consent. Any changes become effective immediately and may be made
without updating our web pages. Please consult FBW at the address located herein for
complete and up-to-date information on the products and services listed in our web
pages.
FBW, in its sole and absolute discretion, may change the terms of this Agreement at
any time and from time to time, without any prior notice to you, by posting the changed
Agreement on our Website at https://www.feelbetterwellness.com/website-terms-
use. The changed terms are effective immediately on posting on our Website, unless
expressly state otherwise. It is your responsibility to check the “Last Updated” date at
the top of this Agreement and review any changes since the previous version. By using
our Website after these terms have been changed, you signify your unconditional
acceptance and agreement to be bound by the amended terms. You may not change
these terms in any manner.
Additionally, the privacy policy terms have a limited scope and application, as set out
herein and in applicable legislation. Such terms do not create or confer upon any
individual any rights, or impose upon us any obligations beyond, or in addition to, those
rights or obligations imposed by applicable privacy laws in effect in the Province of
Ontario. If in a specific case, any inconsistency between our privacy policy terms and
applicable privacy laws, as applicable, our Privacy Policy terms shall be interpreted, in
respect of that case, to give effect to, and comply with, such privacy laws.
NO ENDORSEMENTS
Reference to third parties' goods, services, information, or opinions on our web pages
are not specifically endorsements or approvals for same and by FWB. Links from or to
sites outside our webpages are meant for convenience only.
NO LIABILITY
FBW is not responsible for and will not be liable to you or anyone else for any damages
whatsoever (including direct, indirect, incidental, special, consequential, exemplary or
punitive damages) arising out of or in connection with the use of or inability to use our
web pages. FBW is not responsible or liable for any loss or damages that result from
personal or confidential material sent to FBW or if FBW sends such information at your
request, or any action or decision made by you in reliance on our Website, including,
but not limited to, its contents, any unauthorized use or reproduction of our Website,
even if FBW has been advised of the possibility of these damages. Please be advised
that linking to any other web site is at your sole risk and FBW will not be responsible or
liable for any damages in connection with linking.
INTERNET EMAIL
E-mail communication over the Internet is not secure or confidential and is subject to
possible interception, alteration, or loss. FBW cannot assume any responsibility or
liability for anyone else for any damages in connection with any e-mail sent by you to
FBW or any e-mail sent by FBW to you or by you to any third party.
JURISDICTION
The webpages on our Website as they relate to all information regarding products and
services offered by FBW are administered by FBW from its offices in Canada. These
web pages will be governed by and construed in accordance with the laws of the
Province of Ontario and the laws of Canada applicable therein, without giving effect to
any principles of conflicts of laws. All disputes, actions, controversies, or claims arising
out of or in connection with these webpages shall be governed by and will be submitted
to the exclusive jurisdiction of the courts of the Province of Ontario located in the City of
London, County of Middlesex. You attorn to the exclusive jurisdiction of these courts.
You will commence legal proceedings regarding any dispute and/or cause of action
within twelve (12) months after the dispute and/or cause of action arises, after which
time any and all legal proceedings by you regarding the dispute and/or cause of action
will be forever barred. You are not to include FWB in any action against a third party
and this section will act as an absolute bar against any such action. Any shorter time
limit provided by law remains unaffected. The foregoing restrictions do not apply if and
to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS
MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND
“WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND
WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING
FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR
COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO
ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS,
FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR
OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY,
NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE
OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND
DISCLAIMED BY FBW TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF FBW
WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, YOU ARE
SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES TO ACHIEVE
YOUR INTENDED RESULTS, AND YOU ACCESS, DEAL WITH, PURCHASE AND
USE LINKED SITES AT YOUR OWN RISK. FBW DOES NOT MAKE OR GIVE ANY
REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE
OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR
ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING
OR COURSE OF PERFORMANCE, REGARDING ANY LINKED SITE. FBW DOES
NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE.
THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF
CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION
OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY
EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MIGHT NOT
APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND
UNDER NO CIRCUMSTANCES WILL FBW BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES)
ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR
INABILITY TO USE, OUR WEBSITE OR ANY RELATED MATTER, UNDER ANY
THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY
LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY
NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL
BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF FBW , EVEN IF
OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY
COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND
LIABILITY AND EVEN IF FBW KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING
INCURRED.
INDEMNITY
You hereby agree to indemnify, defend and hold harmless FBW and its partners,
members, shareholders, officers, directors, employees, consultants, service providers,
and agents from any and all claims, liability, damages or costs they incur arising as a
result of your misuse of our Website, your violation of this Agreement, or your
infringement of any intellectual property or other right of FBW or any person or entity.
AMENDMENTS
FBW in its sole and absolute discretion may amend, suspend, or terminate the Website,
or limit, suspend or terminate your use of the Website, effective immediately at any time
and without any prior notice or liability to you or any other person. The Website may be
interrupted or unavailable from time to time, including for maintenance or due to causes
beyond the control of FBW, all without notice or liability to you or any other person. If
your permission to use the Website is terminated for any reason, then this Agreement
will continue to apply and be binding regarding your access to and use of the Website
before termination and all related matters.
MISCELLANEOUS
This Agreement is binding on you and your heirs, executors, administrators,
successors, and personal representatives. This Agreement s for the benefit of FBW and
applies to you.
No consent to or waiver by FBW to or of any breach of this Agreement by you will be
effective unless in writing and signed by FBW or will be considered to be a consent to or
waiver of a continuing breach or any other breach by you. The rights and remedies of
FBW under this Agreement are cumulative and not exhaustive or exclusive of any other
rights or remedies to which FBW may be lawfully entitled under this Agreement or at
law, and FBW may pursue any and all rights and remedies concurrently, consecutively
and alternatively.
You will not assign or transfer this Agreement or any of your rights and obligations
under this Agreement without the express prior written consent of FBW, which consent
may be withheld in FBW ’s discretion. FBW may, without your consent, assign its rights
and obligations under this Agreement.
If any provision of this Agreement is held by a court or arbitrator of competent
jurisdiction to be unenforceable or invalid for any reason, then the provision will be
deemed severed from the other terms of this Agreement and the remaining provisions
will continue in full force and effect unless as a result of the severance of same would
fail in their essential purpose.
This Agreement sets out the entire agreement between you and FBW regarding your
use of our Website. There are no representations, warranties, terms, conditions,
undertakings, or collateral agreements, express, implied, or statutory, between you and
FBW regarding our Website.
You and FBW have each expressly requested and required that this Agreement and all
related notices and other documents be drawn up in the English language. Les parties
conviennent et exigent expressément que ce Contrat et tous les documents qui s’y
rapportent soient rédigés en anglais. Subject to applicable law, any non-English
translation of the Agreement provided by FBW is for convenience only, and if there is a
conflict or inconsistency between the English version and a non-English version then
the English version of this Agreement shall govern.
If you have any questions or comments regarding this Agreement, please contact FBW
at info@feelbetterwellness.com.
Copyright © 2021. Feel Better Wellness Inc. All Rights Reserved.