Terms of Use

Terms of Use 2019-07-17T17:56:14+00:00

Welcome to Butterfly Pediatric Therapy Inc. (“Butterfly”). Please read these Terms of Use carefully before using this website and any other property of Butterfly, including social media sites (the “Website”). Your continued use of the Website constitutes your acceptance of these Terms of Use and Privacy Policy, and any other agreement incorporated by reference into these Terms of Use.

Intellectual Property and Proprietary Content

This Website is comprised of proprietary, trademarked and copyright-protected content, including but not limited to photos, video, graphics, music, sound, art, and text (the “Content”).  All Content is protected by intellectual property laws, and is owned by Butterfly, licensed to Butterfly, or otherwise provided by a third-party.

You are hereby granted a non-exclusive, limited, non-transferable licence to use, access and view the Content for the purpose of using the Website for personal use.  All rights are otherwise reserved.  No other uses of the Content is permitted, unless otherwise permitted by law. You may not modify, publish, distribute, transmit, link, deep link, or create derivative works, without the express permission of Butterfly or the copyright owner.

Privacy Policy

Butterfly takes your privacy very seriously. 20For more information regarding how your personal information is collected, used and disclosed by Butterfly, please review our Privacy Policy.

User Conduct

You acknowledge that Butterfly shall have the right, but has no obligation, to monitor the Website, and to remove any materials that Butterfly finds objectionable, in its sole opinion.

You agree that your use of the Website will be in accordance with all applicable laws and regulations and that you will not use the Website in an unlawful manner.

You agree not to use the Website to: (a) transmit abusive, defamatory, libellous, sexist, racist, discriminatory, unlawful, harmful to minors, demeaning, offensive, threatening, obscene, illegal conduct, violates the rights of others, or misleading content, material or communication, of any kind or nature whatsoever; (b) infringe any intellectual property rights including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever; (c) use the Website in any manner that violates or attempts to violate the security of the Website, including but not limited to unauthorized access to registration accounts, using any spider or other devices or viruses or code designed to disrupt, scrape, damage or otherwise limit the functionality of the site, or copy or monitor the site, or attempting to scan or test the site to breach its security; (d) promote political, religious, commercial activities, including but not limited to advertising, linking, or any other form of solicitation for goods and services without the prior written consent of Butterfly; or (e) solicit users to other services that compete directly or indirectly with this site, or diminishes the users need to use this site.

User Content

The Website may permit you to post comments, questions, provide feedback, ratings, and interact with Butterfly, and other users.  These interactions are public and not confidential, and may be available to any user of the Website.

You hereby represent and warrant that you are the intellectual property or proprietary owner of any materials protected by intellectual property or proprietary rights that you make available to the Website and that you have the unimpaired right to convey a licence to Butterfly without further payment to an intellectual property owner.

By making materials available to the Website, you hereby grant Butterfly a perpetual, royalty-free, irrevocable, worldwide non-exclusive licence to publish, display, modify, distribute, communicate to the public, in any material form, in whole or in party, on any platform known now or developed in the future, and to sub-licence such rights to any licensee or sub-licensee of Butterfly, and a licence to use any material you make available to the site for any lawful purpose whatsoever, including but not limited to market research, advertising, and promotions.

Butterfly hereby disclaims any liability in any material you make available to the Website, including any objectionable content.

Third-Party Websites, Content, Advertisements, Links

This Website may contain content supplied by third parties and users, such as advertisements, user content, and links to licensors or other third-party websites (“third-party content”).

Your reliance on any third-party content is solely at your own risk.  You should direct any concerns you have regarding third-party content to the third-party.  Butterfly does not control third-party content.  You may find third-party websites inappropriate. Butterfly is not responsible for any form of transmission received from a link to a third-party website. Butterfly does not endorse the accuracy, quality, or reliability of any third-party content.  Butterfly hereby expressly disclaims any warranties regarding the content, legality or accuracy of third-party content. Butterfly is not liable for errors, omissions or delays in third-party content. You agree that Butterfly is not responsible or liable to you in any way for any loss or damage incurred by you in connection with your reliance on or use of third-party content.  You agree that you are solely responsible for all risks associated with your use of or reliance on the Content, third-party content, or Website. You should review each third-party sites use agreements and privacy policies and determine if they are acceptable.

You agree that any dealings you have with a third-party are solely between you and the third party, and Butterfly assumes no liability or responsibility to you in any way for anything related to the relationship between you and the third-party, including for any losses or damages you may incur in the course of such dealings.  Butterfly does not warrant, represent, endorse, guarantee, assume responsibility or provide any conditions for any goods or services advertised or offered through the Website, by third parties, or otherwise.  Butterfly shall not be a party to any transaction that you may enter into with such third party.

Content Disclaimer

Butterfly does not provide or guarantee, nor is the Content (or for clarity, third-party content), intended to be relied on by you or interpreted as medical or other advice or recommendations regarding the suitability of, treatment plan, diagnosis, product or course of action. You should use your own judgment in making use of any Content and are responsible for your own research and decisions. The Content does not replace consultations with professional advisors, such as physiotherapists or medical doctors. It is strongly recommended that you seek appropriate independent advice from qualified professional advisors before making any decisions.

Disclaimer and No Warranty

Your reliance on the Website is solely at your own risk. You expressly agree that to the maximum extent as permitted by law, the Website is provided to you on an “as is” and “as available” basis. Butterfly makes no warranty that the Website will be free from viruses, infection, harmful elements, uninterrupted, error-free, and free from delays or omissions.

You acknowledge and agree that there are hazards inherent in Internet communications, and Butterfly shall not be liable for any delays, omissions, inaccuracy or data loss through your communications and use of the Website.  The Website may be unavailable for any reason from time to time, including without limitation maintenance and disruptions. Butterfly cannot guarantee 100% availability of Website. You acknowledge that your access to the Website may be interrupted from time to time.

Butterfly does not make and hereby expressly disclaims to the maximum extent permissible by applicable laws, all representations, warranties, terms, conditions, and endorsements, of any kind whatsoever, whether express or implied, statutory or otherwise, including implied warranties and conditions of merchantability, fitness for a particular purpose, accuracy, completeness, suitability, reliability, satisfactory quality, loss of data, virus-free, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade, and any obligation, liability, right, claim or remedy in tort or breach of contract including negligence, in respect of the Website, including but not limited to the accuracy or reliability of any content, including but not limited to text, pricing, typographically errors or omissions.

Limitation of Liability

In no event shall Butterfly be liable or responsible to you or anyone else (jointly or severally) in any way for any claim, injury, personal injury, death, loss or damage of any kind whatsoever, including without limitation any direct, indirect, incidental, exemplary, special, punitive or consequential damages or any damages for loss of profits, lost savings, economic loss, revenue, goodwill, business interruption, loss of information or data or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way related to or resulting  or arising from, or in any way connected with the Website, including: (i) your use or inability to use or access the Website; (ii) any errors, omissions or inaccuracies in any material or content on the Website; (iii) personal injury, illnesses, or property damage of any kind whatsoever relating to or arising from your use of Website; (iv) any damage from any viruses, or other elements that may be harmful to your communication equipment arising from or relating to your use of the Website; (v) any acts, omissions, errors, statements, conduct, ability, service quality of any third-party including licensors and advertisers, including whether accessed or processed on the Website, or otherwise; or (vi) any other matter relating to the Website, regardless of whether Butterfly had been advised of or could have foreseen the possibility of such claim, loss or damage.

The limitations of liability and disclaimers described herein will apply regardless of the form of action, whether in contract, tort (including negligence), civil liability, strict liability, or otherwise. Notwithstanding the forgoing, in no event will Butterfly’s aggregate liability to you exceed the greater of (1) the amount paid by you to Butterfly in the prior three (3) months (if any), or (2) $50 CDN. These limitations shall apply to the fullest extent as permitted by applicable law.

Force Majeure

Butterfly will under no circumstances have any liability whatsoever for any reason of force majeure, including but not limited to power outage, lack of network, access, riot, strike, lockout, labour disputes, insurrections, civil disturbances, labour shortages, disease outbreaks, fires, floods, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals, insurrection, explosion, malicious mischief, lighting, earthquake, extreme weather conditions, internet failures, computer equipment failures, electrical power failures, telecommunication failures, or satellite failures.

Indemnity

You agree to indemnify, hold and save harmless Butterfly and their respective directors, officers, employees and agents from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, in connection with, relating to or incidental to your use of the Website, including but not limited to the use of the Website, any injuries (including bodily harm or death), losses, damages, including property damage, of any kind arising in connection with or as a result of the Website, and any violation of any law, rule or regulation of Canada or any other country, and any violation of the rights of any other person or entity.

General

The termination or expiry of the services or registration account will not affect the survival and enforceability of any provision of this agreement which is expressly or impliedly intended to remain in force after such termination or expiry. Except as expressly provided in these Terms of Use, no amendment or waiver of this agreement is binding unless executed in writing by the parties.  No waiver of any provision of this agreement constitutes a waiver of any other provision, nor will any waiver of any provision of this agreement constitute a continuing waiver unless otherwise expressly provided. Each of the provisions contained in this agreement is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction will not affect the validity or enforceability of any other section. Nothing in this agreement is to be taken to constitute an association, agency, joint venture or partnership between the parties or to impose any liability attributable to any such relationship upon either party and neither party has the right to bind the other contractually or otherwise without prior written consent.

These Terms of Use are subject to and will be interpreted according to the laws in effect in the Province of Ontario and the federal laws of Canada applicable therein.

Comments, Concerns and Questions

Please contact us at info@butterflytherapy.com if you have any questions, concerns or comments.

Updates

Butterfly reserves the right, at its sole discretion, to modify these Terms of Use at any time. If we modify this Terms of Use, we will update the “Last Updated Date” on this page. By continuing to access or use our services after we have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If these Terms of Use are not acceptable to you, you must cease using our services.

Last Updated: March 11, 2019