Website Terms of Use

Acceptance

By using any Carla Cupido-related software, or by using or visiting the Carla Cupido Website (collectively the “Website Service”), you agree to both these Terms and Conditions (“Terms of Use”) and the Carla Cupido Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the Carla Cupido Website Service. These Terms of Use apply to all users of the Carla Cupido Website Service, including users who are contributors of video content, information, products, and other materials or services on the Website.

Preliminary Definitions

We, us or our means Carla Cupido and her heirs, executors, assigns, employees, contractors, or agents.

You or your means the person accessing or using the Website Service, its Content, or User Submission.

Website Access

Carla Cupido hereby grants you permission to use the Website Service in accordance with these Terms of Use, provided that:

  1. your use of the Website Service is solely for your personal use;
  2. you do not copy or distribute any part of the Website Service in any medium or manner inconsistent with these Terms of Use without Carla Cupido’s prior written consent;
  3. you do not defame or disparage anybody or make comments of an obscene, derogatory, or offensive manner or otherwise use the Website Service or its content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
  4. you do not use the Website Service to distribute viruses, malware, or other similar harmful software code;
  5. you do not represent or suggest we endorse any other business, product, or service unless we have separately agreed to do so in writing;
  6. you do not alter or modify any part of the Website Service other than as may be reasonably necessary to use the Website Service for its intended purpose;
  7. you are solely responsible for all costs and expenses you may incur in relation to your use of the Website Service; and
  8. you otherwise comply with these Terms of Use.

In order to access some features of the Website Service, you will have to create an account. You may never use another’s account without the registrant’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and confidential. You must notify Carla Cupido immediately of any breach of security or unauthorized use of your account. Although Carla Cupido will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of Carla Cupido or others due to such unauthorized use.

Carla Cupido reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Carla Cupido should the total amount of data transfer exceed an amount deemed excessive in Carla Cupido’s sole discretion.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website Service in a manner that sends more request messages to the Carla Cupido servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Carla Cupido grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Carla Cupido reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website. In order to post or publish User Submissions on the Website, you will be required to encode your media data by downloading and installing the Carla Cupido software. For these limited purposes only, you are hereby granted a revocable non-exclusive license to use the Carla Cupido software for the sole purpose of encoding digital audiovisual material in order to create User Submissions for the Website. Carla Cupido makes no warranty concerning the functionality of the Carla Cupido software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the Carla Cupido software. You hereby waive any legal or equitable rights or remedies you may have against Carla Cupido with respect to your use thereof.

Intellectual Property Rights

The content on the Carla Cupido Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Carla Cupido, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable license fee to the owners. Carla Cupido reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Carla Cupido Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Carla Cupido Website or the Content therein.

User Submissions

The Carla Cupido Website Service may permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. Carla Cupido may also establish categories for User Submissions based on intended use, such as Private where User Submissions are not shared or Invited where there is an invitation to view and/or share and Public. You understand that whether or not such User Submissions are published and regardless of category, Carla Cupido does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that Carla Cupido may place advertising on the Website in conjunction with User Submissions. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:

  1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Carla Cupido to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use; and
  2. you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Carla Cupido for public use, you hereby grant Carla Cupido a worldwide, nonexclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Carla Cupido Website Service and Carla Cupido’s business, including without limitation for promotion and redistribution of part or all of the Carla Cupido Website Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Carla Cupido Website a non-exclusive license to access your User Submissions, if submitted for public use, through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website Service and under these Terms of Use.

For User Submissions you submit, you further agree that you will not:

  1. submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Carla Cupido all of the license rights granted herein;
  2. publish falsehoods or misrepresentations that could damage Carla Cupido or any third party;
  3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
  4. post advertisements or solicitations of business:
  5. impersonate another person.

Carla Cupido does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Carla Cupido expressly disclaims any and all liability in connection with User Submissions. Carla Cupido will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. Carla Cupido also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Use as concerns pornography, obscene or defamatory material, or excessive length. Carla Cupido reserves the right to remove Content and User Submissions without prior notice and to terminate a User’s access to the Website Service, if such User is in violation of these Terms of Use. Carla Cupido reserves the right to discontinue any aspect of the Carla Cupido Website Service at any time.

You understand that when using the Carla Cupido Website Service, you will be exposed to User Submissions from a variety of sources, and that Carla Cupido is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Carla Cupido with respect thereto.

Interactive Communications/Forums

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Interactive communication in no way replaces a medical visit and such communication DOES NOT create a doctor-patient relationship between you and any of the health professionals or coaches affiliates with our website.

Third Party Websites

The Carla Cupido Website may contain hyperlinks or references (“Links”) to third party websites that are not owned or controlled by Carla Cupido. Any Links are provided for your convenience only and display of those Links does not constitute an endorsement of a third party’s website, products, or services. Carla Cupido accepts no responsibility for the content, material, information, products, or services contained on third party websites. You expressly discharge Carla Cupido from any and all liability arising from your use of any third-party website. Your use of a third party website may be governed by the terms and conditions of that third party website.

Warranty and Indemnity

You agree that your use of the Carla Cupido Website Service is at your sole risk and is on an “as available” basis. Carla Cupido makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Website Service, including without limitation as to completeness, accuracy and currency, Content, satisfactory quality, fitness for a particular purpose, the absence of bugs, viruses, Trojans, or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service.

To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content or User Submissions, the unavailability of the Website Service for whatsoever reason, and any representation or statement made on the Website Service.

In no event shall Carla Cupido or her heirs, executors, assigns, employees, contractors, or agents be liable to you for any pecuniary losses or damages whatsoever relating to or arising from any claim, injury or damage incurred by you from your use of the Website Service, Content, or User Submissions.

Under no circumstances will our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content or User Submissions) exceed the amounts paid by you to us in relation to your use of the Website Service.

You agree to indemnify and hold harmless Carla Cupido and her heirs, executors, assigns, employees, contractors, or agents, from pecuniary losses or damages whatsoever relating to or arising from:

  1. your use of and access to the Carla Cupido Website Service;
  2. your violation of any aspect of these Terms of Use;
  3. your violation of any third party right, including without limitation any intellectual property right or privacy right; or
  4. any claim that one of your User Submissions caused damage to a third party.

This indemnity obligation will survive these Terms of Use and your use of the Website Service.

Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our gross negligence, for any fraudulent misrepresentation made by us on the Website Service or for any other statutory rights which are not capable of being excluded.

General

You confirm that you are either at least 19 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.

These Terms of Use are to be read by you together with any terms, conditions or disclaimers provide elsewhere in the pages of the Website Service.  In the event of any conflict, these Terms of Use will govern.

You agree that the Website Service will be deemed solely based in British Columbia, Canada and that these Terms of Use are governed by the laws of the Province of British Columbia, Canada whose courts shall have exclusive jurisdiction.

All products and services of Carla Cupido and its subsidiaries and affiliates are subject to the terms and conditions of the applicable agreements governing their use.

The information, material and content provided in the pages of the Website Service (the “Information”) may be changed at any time without notice.  No changes to these terms by you are valid or have any effect unless Carla Cupido agrees upon those changes in writing. Carla Cupido may make changes to these Terms of Use at any time without prior notice by updating this posting.  You agree to review these Terms of Use regularly and your continued access or use of the Website Service will mean that you agree to be bound by any changes.

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at carla@drcarlacupido.com and all notices from us to you will be displayed on our website from time to time.

We will have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These terms and conditions, together with the Carla Cupido Privacy Policy and any applicable additional terms you agree, or are deemed to have agreed, with contain the entire understanding and agreement between us and you in relation to your use of the Website Service and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we will have no liability for any such representation being untrue or misleading.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.

Payment for Products & Services

All credit cards will be processed in Canadian Dollars at the time of payment.  Carla Cupido is not responsible for any fees, charges, exchange rates or additional charges levied by individual financial institutions or credit card companies.

THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE. Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from this web site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and any of the health professionals affiliated with our web site. Information and statements regarding dietary supplements have not been evaluated by Health Canada and are not intended to diagnose, treat, cure, or prevent any disease.

If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional.