Website Terms

TERMS OF SERVICE

Learn about the terms and conditions of using this website.

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Terms of Service

Last Modified: October 6, 2020

mdkPHYSIO is a sole proprietorship owned by Michael Kirby located in Calgary, Alberta, Canada. Michael Kirby is a physiotherapist who works at Country Hills Physiotherapy (8730 Country Hills Blvd. NW) in Calgary, Alberta.  In consideration for permitting your access to our website and online services and other good and valuable consideration, you agree as follows:

These terms and conditions (the "Terms") form a legally binding agreement which govern your access to and use of mdkPHYSIO’s, ("me", "my". "I", "we", "us" or "our") website ("Website") and our online service (the "Service") both hosted at https://mdkphysio.com and other domains and sub-domains.

THESE TERMS HAVE PROVISIONS WHICH LIMIT OUR LIABILITY, DISCLAIM CERTAIN RISKS AND IMPOSE OBLIGATIONS ON YOU. 

By using our Website and Service, you, the user ("you" or "your"), represent and warrant that (i) you are at least 18 years old; and (ii) you have read and understand these Terms and agree to be bound by them. If you are using the Website  and/or Service on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms.  In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization are legally bound by these Terms which form an agreement between you and mdkPHYSIO.

Amendments

As our Website and Service continue to evolve, we may, at any time, revise these Terms and our policies by updating this page (https://mdkphysio.com/terms/) or the page hosting the relevant policy.  The date of the last version of these Terms is posted above.  As you are bound by these Terms each time you visit our Website or use our Service, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Website and Service after such amendments have been posted.  If you do not agree with the amendments, you shall immediately stop accessing the Website and Service and terminate your account, subject to the terms provided for herein. We may also undertake to send you notice of any changes to the terms or policies.

Privacy

We collect and use personal information in accordance with our privacy policy (which is incorporated by reference and available online at https://mdkphysio.com/privacy/.  By using our Website and Service, you consent to such processing and you warrant that all information provided by you is accurate.

About Our Service

This is the personal website of mdkPHYSIO (Michael Kirby) is a Registered Physiotherapist (#7893) who currently practices at Country Hills Physiotherapy (8730 Country Hills Blvd.) in Calgary Alberta.  This is website (https://mdkphysio.com and its subdomains) serves as promotion of physiotherapy services provided by mdkPHYSIO.  This website will direct you to the Country Hills Physiotherapy website (https://www.countryhillsphysio.ca), phone number (5878-747-0755) and email (info@countryhillsphysio.ca) for booking of physiotherapy services.  All physiotherapy services provided by mdkPHYSIO are conducted at the Country Hills Physiotherapy clinic according to their policies and fee schedules.  

This website also provides information such as exercise videos, descriptions and general parameters that are intended for the patients of mdkPHYSIO but are also publicly available.  Patients of mdkPHYSIO may be directed to this website, among others, for demonstrations of exercises within their home exercise program.

mdkPHYSIO also provides coaching services to runners.  This website also serves as a portal to access coaching services which may require the collection of personal information as described in the privacy policy.  

Physiotherapy Services

Physiotherapy services provided by mdkPHYSIO are not conducted outside of Country Hills Physiotherapy.  This website is a personal website to promote physiotherapy services provided by mdkPHYSIO at Country Hills Physiotherapy.  Inquiries, questions, concerns and complaints about physiotherapy services should be directed to Country Hills Physiotherapy.

If you are not a patient of mdkPHYSIO

NONE OF THE CONTENT ON THIS WEBSITE OR SERVICE SHOULD BE REGARDED AS, NOR IS IT, PROFESSIONAL OR MEDICAL ADVICE. YOU SHOULD NOT RELY ON THE CONTENTS OF OUR WEBSITE OR SERVICE FOR ANY MATTERS RELATED TO YOUR, OR ANY OTHER PERSON’S HEALTH.

If you are a patient of mdkPHYSIO but are not actively being treated (active treatment implies you have scheduled follow-up appointment(s) with mdkPHYSIO which you will be attending)

UNLESS OTHERWISE SPECIFIED, NONE OF THE CONTENT ON OUR WEBSITE OR SERVICE SHOULD BE REGARDED AS, NOR IS IT, PROFESSIONAL OR MEDICAL ADVICE. YOU SHOULD NOT RELY ON THE CONTENTS OF OUR WEBSITE OR SERVICE FOR ANY MATTERS RELATED TO YOUR, OR ANY OTHER PERSON’S HEALTH.

If you are a patient of mdkPHYSIO and are actively being treated

UNLESS YOU HAVE BEEN DIRECTED TO SPECIFIC CONTENT ON THIS WEBSITE, NONE OF THE CONTENT ON THIS WEBSITE OR SERVICE SHOULD BE REGARDED AS, NOR IS IT, PROFESSIONAL OR MEDICAL ADVICE. YOU SHOULD NOT RELY ON THE CONTENTS OF OUR WEBSITE OR SERVICE FOR ANY MATTERS RELATED TO YOUR, OR ANY OTHER PERSON’S HEALTH.

If you are a patient of mdkPHYSIO, are actively being treated and have been directed to content on this website

WEBSITE CONTENT HAS BEEN RECOMMENDED AS SUPPLEMENTARY MATERIAL AND YOUR CLINICAL ASSESSMENT INDICATED THAT THE CONTENT MAY BE HELPFUL IN THE TREATMENT OF YOUR CONDITION(S).

A)  The content is intended for you and you only;
B)  Any applicable precautions, parameters and instructions will be provided prior to directing you toward the website content;
C)  The website content serves as supplementary material to what was provided in the clinic;
D)  Instructions provided within the clinic, will supercede the instructions provided in the website content;
E)  Applicable precautions, parameters and instructions may be provided verbally or through paper, PDF or email;
F)  If you are unsure about any of the website content, please contact mdkPHYSIO prior to proceeding with any exercise or following any website content;
G)  If you are experiencing unexpected sensations including pain, numbness and tingling, dizziness, changes in vision or any other ailments, please discontinue the exercise immediately and contact mdkPHYSIO.

Establishing an Account

As an end-user, you may browse the public facing sections of our Website and Service without establishing an account.  However, in order to use some site functions; for example, saving your favourite exercise videos to a list, you may require an account.  Certain personal information will be collected from you in order to establish an account with mdkPHYSIO.  See our privacy policy for details on the types of information we collect and how we use that information.

Upon establishing a user account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Service in accordance with these Terms, but reserve the right to revoke that license and your access to our Website and Service without cause or justification.

Our Right to Amend or Remove Content and Accounts

Notwithstanding the creation of your account, we reserve the right, but shall have no obligation, to remove any account, without notice, justification or cause.

ACCEPTANCE OF RISK AND DISCLAIMERS

EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

YOU AGREE THAT, WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE.

DISCLOSURE PURSUANT TO COURT ORDER, SUBPOENA OR OTHER LEGAL PROCESS

WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR SERVICE TO THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.

IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.

WE ALSO OPERATE THE WEBSITE AND SERVICE IN CONJUNCTION WITH OUR INDEPENDENT CONTRACTORS.  OUR INDEPENDENT CONTRACTORS MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION IN PROVIDING SERVICES TO US, OR PROVIDING YOU WITH ACCESS TO THE WEBSITE AND SERVICE.  WE MAY USE A VARIETY OF SERVICE PROVIDERS, EMPLOYEES AND SERVERS IN LOCATIONS BOTH INSIDE AND OUTSIDE OF CANADA, WHICH MAY MAKE YOUR PERSONAL INFORMATION THE SUBJECT OF FOREIGN LAWS AND FOREIGN LEGAL PROCEEDINGS.

TO THE EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE GENERALITY OF THIS SECTION, OR ANY OTHER SECTION LIMITING OUR LIABILITY, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMMISSIONS, INCLUDING THE NEGLIGENT ACTS OR OMISSIONS, OF OUR INDEPENDENT CONTRACTORS OR THIRD-PARTY SERVICE PROVIDERS.  

LIMITATION OF OUR LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU (IF ANY), OVER THE PRECEEDING TWO (2) MONTHS FROM THE DATE YOU FIRST RAISED YOUR CLAIM WITH US.

YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION AND HOLD HARMLESS

YOU AGREE TO INDEMNIFY US, OUR AFFILIATES, EMPLOYEES, SHAREHOLDERS, DIRECTORS, AGENTS, REPRESENTATIVES AND CONTRACTORS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING REASONABLE LEGAL FEES) WHICH MAY ARISE FROM, AMONG OTHER THINGS (I) YOUR VIOLATION OF THESE TERMS, OR ANY POLICY INCOROPRATED BY REFERENCE; (II) YOUR VIOLATION OF ANY THIRD PARTY RIGHT OR ANY DAMAGE, LOSS OR PERSONAL INJURY YOU, OR YOUR STAFF OR SUBCONTRACTORS, CAUSE OR CONTRIBUTE TO; OR (III) ANY BREACH OF A REPRESENTATION OR WARRANTY MADE BY YOU TO US, EITHER IN THESE TERMS, PRIVACY POLICY OR OTHERWISE.

Proprietary Rights

Our Website and Service contain open source and public domain content, licenced content as well as proprietary content owned by us and by third parties.  You are not permitted to copy or distribute any content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service without the express consent of the owner. All other contents of the Website and Service including, but not limited to, the computer code, is the property of mdkPHYSIO and/or our independent content providers ("ICPs") with all rights reserved.

Without limiting the generality of the forgoing, you are not permitted to use any trademark or trade name of Clinic Roots Inc., including our logo without our express permission.

Property and Feedback

All rights, title and interest in and to the Website, Service and their contents or components are and will remain the exclusive property of mdkPHYSIO and our ICP’s and licensors, including all Intellectual Property Rights (as defined below), even if we incorporate any of your Feedback (as defined below) into subsequent versions.

The Website, Service and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries.  Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Service or their contents.  You may not copy or modify the code used on the Website or Service.

You agree that we may use, for commercial purposes, all feedback, comments, and suggestions for improvements (the "Feedback") that you provide to us, in any form.  You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein.

At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining Intellectual Property Rights and other legal protections for your Feedback.

Copyright Notice

If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on our Website or Service, please notify our copyright agent at info@mdkphysio.com. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.

Linked Sites

mdkPHYSIO and/or account holders may provide links and references to material on other websites not owned or operated by us.  Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on such websites.  You access those links and corresponding sites at your own risk.

Whether or not we are affiliated with websites or third-party vendors (including Clinics, physiotherapists, chiropractors and others), that may be linked to our Website or Service, we are not responsible for their content.  The linked sites are for your convenience only and you access them at your own risk.

Law of the Contract (Governing Law) and Jurisdiction

These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Alberta, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Alberta, Canada (including the federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.

Severability

If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Where a provision in these terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, may substitute.

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Waiver of Class Proceedings and Trial by Jury

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors.

To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

All policies referred to in these Terms or anywhere on our Website or Service are hereby incorporated by reference, including but not limited to our Privacy Policy.

Termination

You may stop using our Website and Service at any time. In addition, you may contact us to learn more about cancelling your account at info@mdkphysio.com.

The cancellation, suspension or termination of access to our Website or Service shall not terminate this agreement.  In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.

We make no guarantees as to the ongoing or continued availability of our Website or Service.

Assignment of this Agreement

These Terms shall ensure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of mdkPHYSIO, or otherwise.

Right to Seek Injunction

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Other Terms

In the course of using your account with us or using our Website and Service, you may be required or by your actions may be deemed, to consent to the terms of agreements provided by certain third-party service providers, including but not limited to, payment processors, credit card companies and banks.  You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.

Any new features that augment or enhance the current Website and Service, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms.  Continued use of the Website and Service after any such changes shall constitute your consent to such changes.

 

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