Terms of Use

These Terms of Use apply to Web Site(s) owned and operated by Brent Stevenson Physiotherapy Corp. ("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.

Privacy Policy

At WhyThingsHurt, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our privacy policy (the "Privacy Policy") before using the Web Site.

Modification to Terms of Use

WhyThingsHurt reserves the right to make changes to these Terms of Use and the Privacy Policy at 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 Site regularly to see if we have made any modifications to these Terms of Use and the Privacy Policy.

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.

Your Obligations

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.

Membership Term

Subject to these Terms of Use, membership to the Web Site is to be renewed annually at the current advertised rate.

Information and Content you Submit

Any information, including any content, Personal Information (as that term is defined in the Privacy Policy), 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 Content") shall be subject to the terms and conditions of these Terms of Use.

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 WhyThingsHurt.

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 information.

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.

User Conduct

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 our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Chat Room Guidelines, (c) is offensive 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.

Indemnification

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, including the User Generated Content, (e) your breach or violation of these Terms of Use, and (f) your violation of 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 SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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 ACCESS TO, ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION (AS THAT TERM IS DEFINED IN THE PRIVACY POLICY). 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 REMEDY.

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 to a third party Web site, you will be subject to the terms of use, privacy policy and/or editorial policy of 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.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Web Site shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. You shall bring any legal action or proceeding against WhyThingsHurt related to the Web Site and these Terms of Use exclusively in 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 to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or 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 of Use, and nothing contained in these Terms of Use will be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship. You may not assign your rights or obligations under these Terms of Use to any party. You have independently evaluated these Terms of Use and are not relying on any representation, guarantee, or statement from us or anyone else, other than as expressly set forth in these Terms of Use.

Contact Us

Any questions or comments can be directed to us through the "Help" section of the Web Site.