Please read these Terms carefully before registering with, accessing, or using the Services.

BY ACCESSING OR USING THE SERVICES OR VISITING THE SITE, YOU ACCEPT AND CONSENT TO ALL OF THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU MUST NOT USE THE SERVICES, OR ACCESS, USE, OR VISIT THE SITE.

SPEERS ROAD PHYSIOTHERAPY DOES NOT PROVIDE ANY SERVICES FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

The Services are for your personal, non-commercial and lawful use only. Other than as expressly permitted in these Terms, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Services or any content, information, software, products or services obtained from the Services, for any commercial purpose or enterprise. You may not use the Services for any purpose that is unlawful or prohibited by these Terms.

The information posted here by Speers Road Physiotherapy or any third party should not be considered medical advice and is not intended to replace consultation with a qualified medical professional. The Services and the content posted thereon are for informational purposes only. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Services.

You may not (a) decompile, disassemble, or reverse engineer the Services; (b) attempt to gain unauthorized access to the Services or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, including screen scraping or database scraping, to monitor or copy any portion of the Services; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services to its source.

The Services and all content and materials on the Services, including graphics, text, logos, and software, are owned by, or licensed to, us. We reserve and shall retain the entire right, title, and interest in and to the Services, including all copyrights and trademarks. You shall not remove, delete, or obscure any proprietary rights notices from the Services.

Along with these Terms, please read our Privacy Policy, which is hereby incorporated and made part of these Terms. If you provide contact information to us via the Services for anyone else, you represent and warrant you have all necessary rights and permissions to share such contact information.

You agree that we have no obligation to provide any updates or to continue to provide any particular features. You acknowledge that the Services may, from time-to-time, be unavailable due to maintenance, system upgrades, or internet outages.

We welcome your feedback and reviews about the Services (“Feedback”). You agree that by submitting Feedback to us, (a) such Feedback shall be deemed non-confidential, and (b) you grant to us a perpetual, royalty-free, irrevocable, worldwide right and license to use, copy, and display such Feedback without compensation to you.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF VIRUSES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPEERS ROAD PHYSIOTHERAPY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR BREACH OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD-PARTY RIGHT.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS REGARDING HOW CLAIMS ARE RESOLVED.

A “Claim” is any dispute, claim, or controversy between you and Speers Road Physiotherapy arising from or relating to these Terms or the Services, whether based in contract, tort, statute, or any other legal theory.

If you have a Claim, you and Speers Road Physiotherapy will first attempt to resolve the Claim informally for a period of 60 days (the “Informal Resolution Period”). You will send any Claimant Notice to Speers Road Physiotherapy by registered mail addressed to: Speers Road Physiotherapy, 1060 Speers Road, Unit 120, Oakville, ON L6L 2X4.

Except for individual disputes that qualify for the Ontario Small Claims Court (provided the court does not permit representative actions), all Claims not resolved during the Informal Resolution Period will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court.

The arbitration shall be governed by the Arbitration Act, 1991 (Ontario). The parties agree that arbitration will be conducted solely on an individual basis and not as a class arbitration or class action. You and Speers Road Physiotherapy are each waiving the right to a trial by jury.

The arbitration will be conducted in the English language in Oakville or Toronto, Ontario. The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding the Claim. You will send a copy of any demand for arbitration to: Speers Road Physiotherapy, 1060 Speers Road, Unit 120, Oakville, ON L6L 2X4.

To the extent permitted by law, a claimant must pay all costs incurred by the responding party, including legal fees, if an arbitrator determines the Claim was frivolous or filed for an improper purpose.

To the extent permitted by law, any Claim must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by sending notice by registered mail addressed to: Speers Road Physiotherapy, 1060 Speers Road, Unit 120, Oakville, ON L6L 2X4.

TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF ONTARIO AND CANADA, SPEERS ROAD PHYSIOTHERAPY AND ITS OFFICERS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00 CAD).

These Terms and any dispute related thereto will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. For any court proceedings permitted under these Terms, the parties consent to the exclusive jurisdiction of the courts located in the Judicial District of Halton or Toronto, Ontario.