("WhyThingsHurt", "we", "us", or "our"), including www.whythingshurt.com (the "Web Site"). By using
the Web Site, you agree, without limitation or qualification, to be bound by the terms and conditions
as set forth below.
At WhyThingsHurt, we respect your privacy and believe you should be informed about how we collect,
before using the Web Site.
any time by posting such changes on the Web Site. Modifications to any of the foregoing shall be
effective when they are posted on the Web Site, which posting shall constitute notice to you. Your
continued use of the Web Site following the posting of any such modifications on the Web Site will
mean that you accept and agree to be bound by such modifications. We encourage you to check the Web
Consult a Physician or Physical Therapist
Please note that the content and services offered on the Web Site are general in nature and are provided
for educational purposes. NEITHER THE CONTENT NOR ANY SERVICES OFFERED BY OR THROUGH THE WEB SITE ARE
INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO REPLACE THE RELATIONSHIP WITH YOUR
PHYSICIAN. WHYTHINGSHURT STRONGLY ADVISES THAT YOU CONSULT YOUR PHYSICIAN AND OTHER HEALTH CARE PROFESSIONAL
BEFORE STARTING ANY FITNESS PROGRAM, CHANGING YOUR DIET AND BEFORE ADHERING TO ANY OF THE CONTENT, PROGRAMS
OR RECOMMENDATIONS PRESENTED THROUGHOUT THE WEB SITE OR PARTICIPATION IN ANY EVENT ANNOUNCED ON THE WEB SITE.
Not all exercises or activities described on the Web Site are suitable for everyone. You should understand
that when participating in any exercise or exercise program, there is the possibility of physical injury
and/or death. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain.
The Web Site should not be used by people who have adverse medical or nutritional conditions.
By using the Web Site, you represent that you have received consent from your physician to participate in
the programs, workouts and exercises described on the Web Site. You acknowledge and agree that we are not
responsible for any resulting health problems and that such participation on your part is voluntary and at
your own risk.
Information on the Web Site
We try to provide helpful and accurate information on the Web Site, but we cannot verify, endorse or vouch
for the information, services or recommendations available through the Web Site. We are not responsible for
the accuracy, reliability, effectiveness, or correct use of information you receive through the Web Site.
You agree to: (a) maintain all equipment necessary for your access to and use of the Web Site; (b) maintain
the security and confidentiality of your user identification, password and other confidential information
relating to your account; (c) provide accurate, true, current and complete information about yourself, (d)
be responsible for all charges resulting from use of your account, including unauthorized use prior to your
notifying us of such use and taking steps to prevent its further occurrence by changing your password; (e)
not impersonate another person or entity; (f) not submit, post or transmit any unlawful, infringing, harmful,
threatening, abusive, harassing, defamatory, untrue, vulgar, obscene, profane, hateful, racially, ethnically
or otherwise objectionable material of any kind, including, but not limited to, any material which encourages
conduct that would constitute a criminal offense, violate the publicity and privacy rights of others, or
otherwise violate any applicable local, state, national or international law; (g) not use the Web Site to
introduce, transmit or otherwise distribute viruses, worms, time bombs or other computer programming code
that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or information; and (h) not to use the Web Site for chain letters, junk mail, "spamming" solicitations
(commercial or otherwise) or bulk communications of any kind.
Information and Content you Submit
copyrightable materials and any other information that you provide, post or email on the Web Site's discussions,
chats, blogs, postings, transmissions, bulletin boards and other user-created pages (collectively "User Generated
If you post User Generated Content in a public area of the Web Site (including bulletin boards, blogs, chat rooms
or other user-created pages), that information will be treated as public, non-personal and non-confidential information.
In order to facilitate the posting of this information, whenever you post User Generated Content in a public area of
the Web Site, you automatically grant to us a royalty-free, perpetual, irrevocable, assignable, non-exclusive license
to use, reproduce, modify, publish, edit, translate, distribute, perform and display User Generated Content alone or as
part of other works in any form, media, or technology, and to sublicense such rights. In addition, if you submit Personal
Information or any other User Generated Content in connection with any of our contests or sweepstakes, unless you otherwise
notify us in writing, you permit us to attribute you as the contributor of such User Generated Content and to otherwise
abide by the rules of the contest or sweepstakes.
Content you submit to your personal Dashboard section of the site is strictly confidential. Information in this section
can only be accessed by you and will not be used by Brent Stevenson Physiotherapy Corp or sold to any third parties.
Blog Pages and Chat Rooms
Although we may from time to time monitor or review discussions, chats, blogs, postings, transmissions, bulletin boards
and other public user pages on the Web Site (collectively, the "Community Pages"), we are not under any obligation to do
so. You acknowledge that we do not control the information available on the Comments Pages and that any opinions, advice,
statements, services, offers or other information or content presented or disseminated on any Comments Pages are those of
their respective authors who are solely responsible for their content, and in no way represent the views or opinions of
You agree that you bear all risks associated with the use of any information available on the Comments Pages, including
any reliance on the accuracy, completeness or usefulness of such information. Under no circumstances will WhyThingsHurt
be liable in any way with respect to such information, including, but not limited to, with respect to any errors or
omissions in such information, or for any loss, claim or damages of any kind incurred as a result of the use of such
In using the Comments Pages and Chat Rooms you agree to follow our Guidelines, which include the following provisions:
Respect everyone's opinions, even though you might not agree with someone. Remember that what works for you
may not work for everyone else. Give everyone the same courtesy you would expect in return.
Do not post profane or explicit content.
Do not post profile pictures that might be considered inappropriate.
Do not post communications that could be interpreted as threatening or harassment.
Do not post advertise or promote products commercially.
We may also determine in our sole discretion whether to close or delete postings.
Ownership of the Web Site
The Web Site and all aspects thereof, including but not limited to text, software, photographs, graphics, illustrations,
artwork, video, music, sound, names, logos, trademarks, service marks and all other materials (the "Content"), including any
copyright, trademark or other intellectual property rights in or to any of the foregoing are the property of Brent Stevenson
Physiotherapy Corp or its affiliates or licensors and are protected by copyright, trademark and other applicable laws.
If we determine that any user is not using the Web Site responsibly, we have the right (but not the obligation) to remove,
edit, block or delete such user's transmissions, User Generated Content, or use of the Web Site. We also have the right
(but not the obligation) to suspend or terminate your access to and use of Chat Rooms or other parts of the Web Site, or
delete information you have posted to the Web Site, without prior notice if you engage in any conduct that we believe, in
to other users, (d) violates the rights of WhyThingsHurt or third parties, or (e) could cause WhyThingsHurt liability.
Without limiting the foregoing, upon any termination of your account or access to the Web Site we may delete all
your User Generated Content and other information in the Chat Rooms. If WhyThingsHurt suspects that your Registration
Data is inaccurate or incomplete, we may suspend or terminate your account.
Modifications and Termination of Web Site
WhyThingsHurt reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or
permanently, the Web Site (or any part thereof), with or without notice to you. You acknowledge and agree that
WhyThingsHurt shall not be liable to you or to any third party for any modification, suspension or discontinuance
of the Web Site or its services or access thereto.
You agree to indemnify, defend and hold harmless WhyThingsHurt, its parents, subsidiaries, affiliates, officers,
directors, agents, employees, partners, suppliers and any third parties from any loss, liability, claim, demand,
action or damage, including reasonable attorneys' fees, arising out of or related to (a) your use of or access to
the Web Site or its services, (b) the use of your account, (c) any content, information or material you receive on
or through the Web Site, (d) any content, information or material you post, display or distribute via the Web Site,
any intellectual property or other third party rights or any applicable law in connection with your use of the Web Site.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE AND YOUR FOLLOWING OR ADHERING TO THE ADVICE
AND INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK INCLUDING, WITHOUT LIMITATION, RISK OF INJURY OR DEATH,
AND THAT THE WEB SITE, AND THE INFORMATION, CONTENT, ADVICE, PROGRAMS, GOODS AND SERVICES MADE AVAILABLE THEREIN,
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN REGARD TO THE WEB SITE AND ALL CONTENT, INFORMATION AND
MATERIAL THEREON AND PRODUCTS AND SERVICES MADE AVAILABLE THEREIN, WHYTHINGSHURT EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, FREEDOM FROM COMPUTER VIRUS AND ANY IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT OR OTHER INFORMATION AVAILABLE THROUGH THE WEB
SITE SHALL BE AT YOUR SOLE RISK. WHYTHINGSHURT DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE OR ITS SERVICES WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS OR BE OF A CERTAIN QUALITY, OR THAT THE WEB SITE OR ITS SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE, IF ANY, WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS AT YOUR
OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. YOU FURTHER UNDERSTAND AND AGREE THAT THE INTERNET IS
COMPOSED OF MANY PRIVATELY OWNED SYSTEMS AND NETWORKS OF TELEPHONE WIRES AND SWITCHES AND WIRELESS TECHNOLOGIES AND IS
DEPENDENT FOR ITS ONGOING OPERATIONS UPON COMPUTERS AND OTHER ELECTRONIC HARDWARE THAT ARE OFTEN UNSTABLE AND SUBJECT TO
MALFUNCTIONS, AND, THEREFORE, IT IS THE INHERENT NATURE OF THESE SYSTEMS AND NETWORKS, AND THE INTERNET TO EXPERIENCE
SYSTEMS AND HARDWARE FAILURES, PACKET LOSSES AND DOWNTIME. ACCORDINGLY, YOU HEREBY RELEASE AND FOREVER DISCHARGE WHYTHINGSHURT
FROM ANY AND ALL COSTS, LOSSES, LIABILITY OR DAMAGES RESULTING FROM DOWNTIME CAUSED BY ANY OF THE FAILURES DESCRIBED OR
REFERRED TO ABOVE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHYTHINGSHURT OR THROUGH OR FROM THE WEB SITE
Limitation of Liability
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WHYTHINGSHURT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS,
DIRECTORS, EMPLOYEES, SUPPLIERS OR ANY THIRD PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WHYTHINGSHURT HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEB SITE OR THE INFORMATION,
SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS AVAILABLE FROM OR THROUGH THE WEB SITE, INCLUDING WITHOUT LIMITATION
ANY SUCH DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY,
INOPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
YOU SPECIFICALLY ACKNOWLEDGE THAT WHYTHINGSHURT SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
IN NO EVENT SHALL WHYTHINGSHURT'S TOTAL LIABILITY TO YOU EXCEED THE FEES PAID BY YOU, IF ANY, FOR MEMBERSHIP,
SUBSCRIPTION OR A PARTICULAR PRODUCT OR SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Email Delivery Issues
Due to the large number of email providers and anti-spam software applications, we cannot be responsible for
blocked or blacklisted mailings. In addition, configuring email software settings which may block incoming emails
are the sole responsibility of the user to adjust in order to receive Web Site mailings.
Third-Party Web sites
We provide links to other Web sites that may be of interest to you. We do not monitor or investigate such Web
sites and we are not responsible for the content, functionality or practices of such Web sites. Once you link
that site. Your linking to such Web sites is at your own risk, and WhyThingsHurt is not responsible or liable,
directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use
of or reliance on any content, goods or services available on or through any such site.
by and construed in accordance with the laws of the Province of British Columbia, Canada. You shall bring any
a court of competent jurisdiction sitting in the City of Vancouver, Province of British Columbia, Canada, and
you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms
of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect
the intentions of the parties with the other provisions remaining in full force and effect. WhyThingsHurt's failure
provision unless acknowledged and agreed to by WhyThingsHurt in writing. These terms and conditions constitute
the entire agreement between you and WhyThingsHurt with respect to the subject matter herein and supersede any and
all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and
any attempt to do so is void.
You will at all times be deemed to be an independent contractor with respect to the subject matter of these Terms
partnership, joint venture, employment, agency, fiduciary or other similar relationship. You may not assign your
and are not relying on any representation, guarantee, or statement from us or anyone else, other than as expressly
Any questions or comments can be directed to us through the "Help" section of the Web Site.
"we", "us", or "our"), including www.whythingshurt.com (the "Web Site"). By using the Web Site, you agree, without
Please note that any Personal Information (as defined below) that you may disclose in the Web Site public forum areas
(for example, on bulletin boards, blogs, chat rooms or similar online public spaces) is not covered by this Privacy
Policy. We cannot control use by third parties of the information that you disclose in these areas, including contacting
you for unauthorized purposes.
Outline of Policy
and through the Web Site:
What non-Personal and Personal Information is collected
How Personal Information is used and disclosed
Your options regarding the collection, use and disclosure of Personal Information
What security procedures we have put in place to protect against the loss or unauthorized use or disclosure
of Personal Information in our custody or under our control
How you can access your Personal Information in our custody or control and correct any inaccuracies
While you may use some of the functionality of the Web Site without registration, many of the specific tools and
services on the Web Site require registration. If you use our Web Site without registering, the only information we
certain interactive tools or other services, we require you to submit an e-mail address and password only
Modifications to this Policy
Web Site. Modifications shall be effective when they are posted on the Web Site, which posting shall constitute notice
to you. Your continued use of the Web Site following the posting of any such modifications on the Web Site will mean
that you accept and agree to be bound by such modifications. We encourage you to check the Web Site regularly to see
If at any point we decide to use Personal Information in a manner different from that stated at the time it was
collected, we will notify users by way of e-mail. Users will have a choice as to whether or not we use their
Personal Information in this different manner.
email to the contacts listed on the "Help" link on our Web Site. If you want to keep business information, ideas,
concepts or inventions private or proprietary, do not send them in an email to us.
Links to Third Party Web sites
The Web Site contains links to other Web sites (whether through an advertisement, service or content link). Please
be aware that we are not responsible for the privacy practices of such third-party Web sites. Any Personal Information
third-party Web sites that you visit to understand their privacy practices.
COLLECTION OF NON-PERSONAL INFORMATION
Even if you do not register with our Web Site, we collect non-Personal Information about your use of our Web Site,
special promotions and newsletters in the following ways:
A "Cookie" is a piece of data temporarily stored on the user's hard drive containing non-Personal Information
about the user. The information collected by Cookies (i) helps us facilitate a user's login authentication and
enables session timing, (ii) helps users navigate around the Web Site, (iii) helps us dynamically generate content
and advertising on Web pages or in newsletters, (iv) allows us to statistically monitor how many people are using
our Web Site and selected sponsors' and advertisers' sites, (v) how many people open our emails, and (vi) for what
purposes these actions are being taken.
Web browsers can be set to reject Cookies. If you reject Cookies you can still use the Web Site, but may not be
able to take advantage of certain features, including logging in and using the site as a member. We do not link
non-Personal Information from Cookies to your Personal Information except as disclosed in this Policy or with your
on their own sites.
Sharing Non-Personal Information
We may provide third-parties with non-Personal Information that does not allow you to be identified or contacted,
including where such information is combined with similar information of other users of our Web Site. For example,
we provide our advertisers and other third parties with aggregate, non-Personal Information about our Web Site users,
including the number of unique users who visit our Web Site, the demographic breakdown of the registered users of our
Web Site, or the activities that visitors to our Web Site engage in while on our Web Site.
COLLECTION OF PERSONAL INFORMATION
You are free to visit and use our Web Site without providing any Personal Information. However, in order to register
or otherwise take advantage of the products and services that we offer on the Web Site, you will have to provide
personal information about yourself ("Personal Information"), including:
- your name
- a selected username and password
- email address
- billing and credit card information (if you are making a purchase of goods or services)
WhyThingsHurt is an interactive website that allows you to record personal notes regarding exercises and injuries
as a learning tool for you. This information is private to you (i.e. not accessible without your password) and will
not be used by Brent Stevenson Physiotherapy Corp or sold to any third parties.
Providing us with your Personal Information is strictly voluntary and indicates your consent to the uses we describe
You can withdraw your consent at any time. However, if you withdraw your consent to uses that relate to your account
and program, we may not be able to continue to provide you with the products and services offered by our Web Site.
We are the sole owner of the information collected on the Web Site.
USE OF PERSONAL INFORMATION
We use the Personal Information we collect from you to:
- bill you and conduct other billing and account activity
- respond to any questions that you submit
- notify you about changes to our services
We may also aggregate Personal Information we collect from users to create a variety of statistics, for example, to
determine age, gender, and geography. The information that you provide for these purposes will not be personally
identifiable to you.
Disclosure of Personal Information
Web Site without your prior permission.
We may release Personal Information to third-parties: (1) to comply with valid legal requirements such as a law,
regulation, search warrant, subpoena, court order, or legal process; or (2) in special cases, such as a physical
threat to you or others, and to investigate or prevent fraud, abuse or illegal conduct, or to protect our rights
Additionally, in the unlikely event that the entirety of our business is sold, liquidated, merged, or transferred
to a third-party, we may transfer all Personal Information and non-Personal Information to the party purchasing or
merging with us. We will endeavor, in good faith, to gain the third party's agreement and adherence to the terms of
on our Web Site and through email.
Protection of Personal Information
The security of your Personal Information is important to us. When you enter your credit card number on our
registration or order forms, that information is encrypted.
We follow generally accepted industry standards to protect the Personal Information submitted to us. However, no
method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive
to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
We strongly recommend that you never share your password with anyone. Thereafter, we will never ask for your account
information and password by e-mail. If you receive such a request, it may be from an individual or group falsely
claiming to be an established legitimate enterprise in an attempt to acquire private information.
If you have any questions about security on our Web Site, please email us through the "Help" section of the Web Site.
Access/Correction/Updating Personal Information
You can always contact us in order to (1) access, update or correct your Personal Information, (2) change your
preferences with respect to communications and other information you receive from us, or (3) delete the Personal
Information maintained about you on our systems. Such updates, corrections, changes and deletions will not have an
effect on other information that we maintain, or information that we have provided to third parties in accordance
would like to access, correct or update your Personal Information, you can reach us through the "Help" section of
the Web Site.