1. GENERAL TERMS AND CONDITIONS
Thank you for visiting NeuromuscularTO. Please read the Terms and Conditions contained in this document carefully since any use of this site and all services (defined below) constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these Terms and Conditions, please do not use this website or any other services.
We provide NeuromuscularTO users with access to a wide array of resources which may be provided to you in a variety of mediums and devices now known or hereinafter developed, including mobile applications. These resources include, without limitation, websites, tools and applications, and sponsored programming such as an API (collectively, the “Services”). The “Site” or “Website” refers to NeuromuscularTO.com or the NeuromuscularTO.com blog.
Throughout the collective services, the terms “we”, “us”, “our”, “NeuromuscularTO”, “NeuromuscularTO.ca”, and “NeuromuscularTO” refer to NeuromuscularTO. “You” refers to any person accessing and/or using any of the services.
For the purpose of this Terms and Conditions, ‘Personal Data’ means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
A) CHANGES
We reserve the right to change, modify, add, or remove these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our services) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our services shall be subject to these Terms and Conditions. Please check these Terms and Conditions periodically for any modifications.
B) LINKS
The Services may contain links to third-party sites or resources. NeuromuscularTO is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Transactions that occur between you and any third-party are strictly between you and the third-party and are not the responsibility of NeuromuscularTO. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the Terms and Conditions and privacy policies of these linked sites, as their policies may differ from ours.
We welcome links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by NeuromuscularTO. We grant a nonexclusive, limited permission (“Permission”) to display the Trademarks contained in NeuromuscularTO domain names, brand names, and logos to the owner(s) of any web sites (“Owner”) that would like to develop a link between their site and the corresponding website owned by NeuromuscularTO (“NeuromuscularTO Site”). Links to an NeuromuscularTO Site other than the one using the NeuromuscularTO domain names, brand names, or logos are not permitted. The materials on the Owner's site shall not imply any association with or relation to NeuromuscularTO or imply in any way that any materials from our NeuromuscularTO Site are maintained within the Owner's web site.
No changes or modifications to the NeuromuscularTO domain names, brand names, or logos may be made. Use of the NeuromuscularTO domain names, brand names, or logos for purposes other than linking to the NeuromuscularTO Site is expressly forbidden. The domain names, brand names, and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory, or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation, and goodwill of NeuromuscularTO and its products. We retain and reserve all rights in and to NeuromuscularTO's trade names, trademarks, copyrights, and all other intellectual property with respect to its domain names, brand names, and logos. NeuromuscularTO reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names, or logos must cease and the link between the web sites must terminate. Use of NeuromuscularTO trademarks, trade names, logos, copyrighted material, or any other intellectual property of NeuromuscularTO for any purpose not stated herein is expressly forbidden.
C) LEGALLY-COMPELLED DISCLOSURE OF USER INFORMATION
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP address, or other information in response thereto.
D) SYSTEMS RELIABILITY
NeuromuscularTO aims to keep Services available twenty-four (24) hours a day, seven (7) days a week, and to maintain saved information. However, NeuromuscularTO shall not be liable for lost, altered, or corrupted information or non-availability of the Services.
E) PROHIBITED ACTIVITIES
You are prohibited from doing any act that NeuromuscularTO in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to these services including, but not limited to:
Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals;
Using these services to defame or libel NeuromuscularTO, its employees, or other individuals or acting in such a way that brings into disrepute the good name of NeuromuscularTO;
Uploading files that contain viruses that may cause damage to the property of NeuromuscularTO or the property of other individuals; and
Posting or transmitting to these services any unauthorized material including, but not limited to, material that is in our opinion likely to cause annoyance, detrimental to or in violation of NeuromuscularTO’s or any third party’s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane, or is otherwise unlawful.
We may allow you to comment on and participate in interactive features on our Site, e.g. our blog, or in social communities owned by NeuromuscularTO (“Communities”). We may also allow you to submit content and materials for use on our Site via our online submission form or email. For example, a calculator, formula, or equation creator may be able to submit text, photographs, messages, or videos. The things you post or submit for use on our Site and Communities are “User Content”.
You agree to these submission guidelines (“Guidelines”), our full Terms and Conditions, and any additional terms by submitting User Content.
You agree that your User Content are accurate and complete. You also agree that:
Your User Content is created exclusively by you. This means that you did not copy it from any other source. If you did not create your User Content, anyone that created it or helped create it must give you permission to submit your User Content to us. You must obtain consent and a release from any person (or the legal guardians of any persons) depicted in your User Content before you submit it with full knowledge from these persons that we may exploit it in any manner whatsoever. Anyone you get consent from must understand that we will use the content you submit in any manner we think is appropriate.
Your User Content does not threaten or disparage others. This includes not harassing or intimidating other users. It also includes not defaming or libeling anyone. Your User Content does not use hateful language. This includes not making negative comments connected to race, national origin, or religion. You also cannot disparage someone because of their gender, age, or sexual preference.
Your User Content does not disclose confidential or Personal Data information about others. Your User Content will only disclose Personal Data with the other person’s consent. This also means that your User Content does not include information you must keep confidential under contract. This also means that your User Content does not violate anyone’s privacy or publicity rights.
You agree that any material you submit to our Services by upload, or otherwise, including any data, questions, comments, ideas, suggestions or the like (“Site Content”) are, and will be treated as, non-confidential and non-proprietary.
You grant us an unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to all or any portion of your submitted Site Content. We may use this license to use your Site Content in any manner and for any purpose. This might include hosting, caching, or storing your Site Content. We might also copy, distribute, or sell your Site Content. From time to time we might also display, perform, publish, broadcast, or transmit Site Content. You also understand that we may modify, edit, reformat, or translate your Site Content.
We may use and publish your Site Content in any format and in all media that exists now, or may exist in the future. You agree that we may use any part of your Site Content, including any of your ideas, concepts, or techniques for any purpose, and that any such use is without compensation to you. For example, we may use your Site Content to develop, manufacture, and market products. We may sub-license any of these rights to other third parties. These third parties may benefit from the rights and licenses granted to us under these Submission Guidelines, our Terms of Use, and any Additional Terms. Your Site Content may be searched and accessed by others.
You represent and warrant that you own your Site Content and have the right to grant the license described above. You further represent and warrant that our use of your Site Content will not violate anyone’s intellectual property rights or other rights of any person or entity or otherwise place us in breach of any applicable laws. NeuromuscularTO is under no obligation to use the information submitted. You understand that NeuromuscularTO employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Site Content and that NeuromuscularTO is only willing to consider the submissions of Site Content on these terms.
Our blog and social media pages (“Communities”) are for expressing opinions and creating discussions. We allow postings (“Community Content”) on these pages following these guidelines. We ask that you play nice and be polite. While we encourage the sharing of your comments, photos, videos, and links, please understand that the Community Content posted to our Communities does not represent the opinions of NeuromuscularTO or its affiliates. Community Content that we feel are offensive, inappropriate, or not otherwise keeping with the spirit of the page, such as advertising, spam, posts that reflect irresponsible practices, are off-topic, or contain vulgar language, posts that may violate the rights of others, or violate any social community's terms of use, may be removed. We also reserve the right to block users from posting content.
We love to see all your comments, photos, and videos. By submitting or uploading your story, comment, photo, or video, you are authorizing NeuromuscularTO to use, publish, and otherwise reproduce, modify, and distribute Community Content with or without your name in perpetuity, worldwide in any and all NeuromuscularTO or NeuromuscularTO.com related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion, or advertising of NeuromuscularTO.com or its products via the Internet, web sites, mobile apps, and social media. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals.
All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the “Content”), including, but not limited to, the design, layout, “look and feel” and arrangement of such Content, is owned by NeuromuscularTO or its licensors and is protected by copyright, trademark, and other intellectual property and unfair competition laws.
You may print or download Content from the Services for your own personal, non-commercial, informational, or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, or create other derivative works from, or sell, rent or license all or any part of the Content, products, or services obtained from the Services in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile, or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our prior written permission.
Unless expressly authorized by us, you may not use any robots, spiders, crawlers, or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link, or index any Content; (ii) harvest Personal Data from the Services for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Services or any other person’s use of the Services. If the Services contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software, or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Services, any other systems or networks connected to the Services or to any NeuromuscularTO server, or any of the products or services provided on, accessed from or distributed through the Services. You may not probe, scan, or test the vulnerability of the Services or any network connected to the Site or breach the security or authentication measures on the Services or any network connected to the Site.