Legal Notice and
Disclaimer
Your access to and continued use of the Westwind eating
disorder recovery centre (hereinafter "Westwind") website
at http://westwind.mb.ca (hereinafter the "Site")
constitutes your acceptance of and compliance with the
following provisions. If you have not already done so,
please take some time to familiarize yourself with these
provisions. If you do not agree to these terms and
conditions, you should immediately discontinue any use of
the Site. Also note that these terms and conditions may
change from time to time and it is your responsibility to
check for such updates. The last revision date for these
terms and conditions is set forth below.
Last revised: February 22/13
1. Reserved Rights and Grant of Limited License
(1) Copyright 2013 by the Westwind eating disorder recovery
centre. All rights reserved. Westwind either owns the
intellectual property rights, including copyright, or has
acquired the necessary licenses, in the information,
including all text, HTML code, multimedia clips, images,
graphics, icons, Java code, and the selection and
arrangement of the contents of the Site (collectively the
"Information"). Portions of the Information have been
licensed to Westwind. As a user of the Site, you are
granted a limited license to use (display or print) short
extracts of the Information for your own personal
non-commercial use only, provided the Information is not
modified and you shall be fully responsible for any
consequences resulting from such use. Any other use of the
Information is prohibited. None of the Information may be
otherwise reproduced, republished or re-disseminated in any
manner or form without the prior written consent of
Westwind.
(2) Westwind will take appropriate legal action to enforce
its rights.
2. Services and products
Any products or services mentioned on the Site are made
available in accordance with local law and only where they
may be lawfully offered for sale.
3. No Endorsement
(1) The Site may contain links to other sites. These links
are provided as references to help you identify and locate
other Internet resources that may be of interest. These
other sites were independently developed by parties other
than Westwind, and Westwind does not assume responsibility
for the accuracy or appropriateness of the information
contained at such sites. In providing links to other sites,
Westwind is in no way acting as a publisher or disseminator
of the material contained on those other sites and does not
see to control the content of, or maintain any type of
editorial control over, such sites. A link to another site
should not be construed to mean that Westwind is affiliated
or associated with, or is legally authorized to use any
trademark, trade name, logo or copyrighted symbol that may
be reflected in the link or the description of the link to
such other sites.
(2) The mention of another party or its product or service
on the Site should not be construed as an endorsement of
that party or its product or service.
4. No Advice or Warranties
(1) Information provided on the Site is believed to be
reliable when posted. However, Westwind does not guarantee
the quality, accuracy, completeness or timeliness of the
information provided. Westwind assumes no obligation to
update the Information or advise on further developments
concerning topics mentioned. Information contained on the
Site may contain typographical errors. Information provided
may be changed without notice. Access to this Site is
provided on an "as is" basis. You should not assume that
the Site will be error-free or that the Site will operate
without interruption.
(2) Westwind disclaims all warranties, representation and
conditions regarding use of the Site or the information
provided, including the representation that users will
attract business through the Site and all implied
warranties or conditions of merchantability, fitness for a
particular purpose, non-infringement, whether express or
implied, or arising from a course of dealing, usage or
trade practice.
(3) Westwind is not responsible for any content or
information that you may find undesirable or objectionable.
(4) The information contained in the Site is presented for
the purpose of educating consumers on wellness topics.
Nothing contained in the Site is intended to be
instructional for medical diagnosis or treatment. The
information should not be considered complete, nor shall it
be relied on to suggest a course of treatment for a
particular individual. It should not be used in place of a
visit, call, consultation or the advice of your qualified
health care provider. The information obtained in the Site
is not exhaustive and does not cover all diseases,
ailments, physical conditions or the treatment. Should you
have any health care related questions, please call or see
your qualified health care provider promptly. Always
consult with your qualified health care provider before
embarking on a new treatment, diet or fitness program. You
should never disregard medical advice or delay in seeking
it because of something you have read in the Site.
5. No Liability
Westwind is not responsible for any direct, indirect,
special, incidental or consequential damage or any other
damages whatsoever and howsoever caused, arising out of or
in connection with the use of the Site or in reliance on
the information available on the Site, including any loss
of use, lost data, business profits, business interruption,
personal injury or any other pecuniary loss, whether the
action is in contract, tort (including negligence) or other
tortious action.
Westwind disclaims any liability for unauthorized use or
reproduction of any portion of the Site.
6. Trademarks
Certain words, phrases, names, designs or logos used on the
Site may constitute trademarks, service marks or trade
names of Westwind or other entities. The display of any
such marks or names on the Site does not imply that a
license has been granted by Westwind or other entities.
7. Confidentiality Warning
Absent the use of encryption, the Internet is not a secure
medium and privacy cannot be ensured. Internet e-mail is
vulnerable to interception and forging. The Westwind centre
will not be responsible for any damages you or any third
party may suffer as a result of the transmission of
confidential information that you make to Westwind through
the Internet, or that you expressly or implicitly authorize
the Westwind centre to make, or for any errors or any
changes made to any transmitted information.
8. Computer Viruses
While every effort is made to ensure that all information
provided at the Site does not contain computer viruses, you
should take reasonable and appropriate precautions to scan
for computer viruses and should ensure that you have a
complete and current backup of the applicable items of
information contained on your computer system. You should
pay specific attention to some of the newer viruses that
have been written to automatically execute when an infected
word processing document is loaded into certain word
processing programs.
9. Conformance with Law
(1) You agree that your use of the Site shall not violate
any applicable local, national or international law,
including but limited to any regulations having the force
of law. Some jurisdictions may have restrictions on the use
of the Internet by their residents.
(2) You agree not to impersonate another person in your use
of the Site or the sending of any e-mail to an address
listed on the Site.
10. Choice of Law
The laws of the Province of Manitoba and the laws of Canada
applicable therein shall govern as to the interpretation,
validity and effect of this agreement notwithstanding any
conflict of laws provisions or your domicile, residence or
physical location. You consent and submit to the
non-exclusive jurisdiction of the courts of the Province of
Manitoba in any action or proceeding instituted under or
related to this agreement.
11. Submissions
(1) All information submitted to the Westwind centre via
the Site shall be deemed and remain the property of the
Westwind centre and Westwind shall be free to use, any
ideas, concepts, know-how or other techniques contained in
information provided to Westwind through the Site or sent
through e-mail for the purposes of operating the Westwind
centre and/or Westwind Counselling.
(2) You agree that any information submitted for inclusion
at the Site does not infringe on the intellectual property
or other rights of any third parties and you grant Westwind
a right to provide access to the information from the Site.
You warrant that any software submitted to Westwind shall
be free of computer viruses.
" Westwind 2013. All rights reserved. This Site is owned by
Westwind Counselling, who has no liability for any content
whatsoever on or related to this website, except as set
forth in the terms and conditions.
