Terms & Conditions
FOR WEBSITE MATERIALS
Client and Maia Love MD Responsibilities. The Welcome and Waiver Agreement (the “Agreement”) clearly sets the expectations for the use of online materials and services for the website maialovemd.com, formerly drmaialove.com. This is automatically adhered to when accessing this website and any affiliated online or social media materials.
Intellectual Property Ownership. Maia Love MD writings, meditations, audio files, video-guided meditations, and all other written or audio-visual material created by Maia Love MD are Maia Love MD's intellectual property. These materials may not be duplicated or utilized in any way without written permission from Maia Love MD.
Detailed Terms & Conditions:
GENERAL
(1) Agreement to our Terms and Conditions
Our Terms and Conditions are effective June 1, 2017. Our Terms and Conditions are an agreement between you and Maia Love MD ("I", “we”, “us”, or “Maia Love” or “Maia Love MD” or “Dr. Maia Love” or “Maia Love Wellness Consulting Inc.”, a corporation. Our Terms and Conditions are fully primed and constitute the entire agreement between you and us relating to the subject matter contained in them, including the terms and conditions of your use and access of our Websites and Social Media (collectively, our “Materials”) and our Privacy Policy (our “Policy”). By continuing to access and use our Materials, you agree to our Terms and Conditions.
(2) Changes to our Terms and Conditions
Our Terms and Conditions are subject to being changed. The effective date of such changes may be either at the date of posting the changes or on some other specified date. You should periodically review our Terms and Conditions to become aware of any changes therein.
(3) What our Terms and Conditions govern/include
Our Terms and Conditions govern your access and use of drmaialove.com (our “Websites”). To the fullest extent possible, our Terms and Conditions govern your access and use of @drmaialove (our “Instagram”) or other affiliated social media or online material. Our Privacy Policy (see sections 21-30 of our Terms and Conditions) is embedded in our Terms and Conditions.
(4) Additional terms and conditions
(a) Our Service Rules
Your use of certain features, functionality, resources, products, or programs offered through our Websites may be subject to additional Terms and Conditions (“Service Rules”). You may be required to indicate your acceptance of these Service Rules as necessary.
(b) Third party terms and conditions
Your use of third party platforms in relation to your use of our Websites and our Social Media may be subject to third party terms and conditions. By using these third party platforms we are entitled to assume that you agree to their terms and conditions. Please familiarize yourself with the relevant third party terms and conditions, including but not limited to those of Instagram, Pinterest, Skype, Zoom, PayPal, Doxy.em, Jane App, and your internet browser.
(5) Our expertise
The website of Maia Love MD, maialovemd.com, formerly drmaialove.com, is a platform for education and does not constitute medical or psychiatric assessment or treatment. The information on our Materials should not be construed as an attempt to offer or render a medical opinion and does not constitute a medical document. Our Materials do not replace or substitute the services of your physician or other medical professional. If you wish to seek a second opinion with regards to questions about information found on our Materials, we encourage you to consult your physician or other medical professional.
(6) Assignment
Our Terms and Conditions are binding upon and shall inure to the benefit of us and our respective assigns, successors, heirs, and legal representatives. We may assign all rights and obligations under our Terms and Conditions to any affiliated entity or any of its wholly owned subsidiaries. You may not assign our Terms and Conditions or any part thereof to a third party without our prior written consent.
(7) No waiver of any right or provision
The failure to timely exercise or enforcement of any right or provision under our Terms and Conditions shall not constitute a waiver of such right or provision.
(8) Severability
Any provision in the Terms and Conditions that is found by a court to be unlawful, void, or otherwise unenforceable is deemed to be severable from the agreement and shall not affect the validity and enforceability of any remaining provisions.
(9) Indemnification
You agree to at all times defend, indemnify, and hold harmless us and our affiliates from and against all claims, cause of action, damages, liabilities, and costs and expenses connected to your conduct, including but not limited to anyone accessing our Websites through your registered account, your transmission of any user-generated content, your exercise of rights granted under our Terms and Conditions, your breach of any obligation, warranty, representation, or covenant set forth in our Terms and Conditions, your violation of any person’s intellectual property (“IP”), privacy, publicity, or other right, and your violation of any applicable law or any willful misconduct.
(10) Dispute resolution
All disputes regarding our Terms and Conditions, including but not limited to claims relating to the breach of our Terms and Conditions in contract or tort and any claim for fraudulent inducement, shall be submitted for resolution by a professional arbitrator of Maia Love’s choosing in British Columbia, Canada. You waive any rights to bring any civil action in any court regarding such disputes and any right to a jury trial, to the maximum extent permitted by the applicable laws. Any award rendered by the arbitrator shall be final and judgement may be entered into it in accordance with the applicable law in the relevant British Columbia court. The party seeking arbitration agrees to serve written notice of the arbitration with the other party to the arbitrator.
(11) Remedies
The consequences of using the internet are unpredictable and potentially damaging. We will make every effort to ensure that your use of our Materials and our handling of your PII are done safely and in accordance with our Terms and Conditions and our Policy. However, your access and use of our Materials is at your own risk. The sole and exclusive remedy available to you for any loss or damage that you incur by accessing or using our Materials, including but not limited to your acting in reliance of them and the handling or mishandling of your PII by us or third parties, is the discontinued use of our Materials. You irrevocably waive any right to seek and/or obtain injunctive or any other equitable relief against us and to restrain or otherwise impair in the production, distribution, exhibition, or other exploitation of any of our business activities.
(12) Governing law
We value our wind-tossed air, our ocean salt-kissed hair, our deeply oxygenated forests, and our regenerating mountains. As such, our Terms and Conditions (and our Policy embedded therein) will be governed and interpreted by the laws of British Columbia, Canada.
(13) Contacting us
We promise to be as transparent as possible in our dealings with you and to ensure that you are comfortable in the relationship between us. If you have any questions about our Terms and Conditions, please contact us.
YOUR ACCESS AND USE OF OUR MATERIALS
(14) Use of our Materials is at your own risk
Your use of our Materials is at your own risk. We make no warranties as to the electronic safety or security of our Materials, including but not limited to our Materials being free of viruses or other harmful components.
(15) User-generated information
You are solely responsible for the information which you post on our Materials (“user-generated information”), and for any loss or damage resulting from its transmission. User-generated information does not necessarily reflect our views or opinions. We make no express or implied warranties as to the accuracy, integrity, or quality of user-generated information and we are in no way liable for any loss or damage resulting from the transmission of user-generated information.
We have no obligation to monitor any of the user-generated information on our Materials, but we have the absolute right to do so, including to alter, edit, refuse to post or remove, or disclose the information and the circumstances surrounding its transmission to any third party in order to satisfy any applicable law, governmental request, or to protect us or other parties.
We reserve the right to post information on our Materials’ public forums using our staff or outside contributors, anonymously or not.
(16) Linking and framing
You may establish a hypertext link to our Materials, insofar as it does not infer or state any sponsorship of your website or other online platform by us or our Materials. You may not, without our permission, frame or inline link any of the content of our Materials or incorporate information from it into another website or other online platform.
(17) General lawfulness
You are responsible for abiding by all relevant laws in using our Materials. Use of our Materials in certain jurisdictions may itself be unlawful in those jurisdictions. We are not responsible or liable if you nevertheless use our Materials.
(18) Website account and access
You may be required to create an account to access certain features of our Websites. You are responsible for maintaining the confidentiality of the account information, including but not limited to your account username and password, and are responsible for all activities that occur under that account. We are not responsible or liable for any loss or damage arising from your failure to protect your account information. You agree to immediately notify us of any unauthorized use or breach of security of the account. You agree to exit from the account at the end of each session. We reserve the right to, without notice, remove your account and restrict, suspend, or terminate your access to any or all parts of our Websites.
(19) IP rights
(a) Our IP rights
Our IP includes but is not limited to our copyrighted property and our registered and unregistered trademarks. All of the materials on our Websites are our property and are protected by copyright, trademark, and other IP laws. All of the materials on our Social Media are, to the fullest extent allowed by the terms and conditions of third party platforms, our property and are protected by copyright, trademark, and other IP laws.
Our Websites are copyrighted and we reserve all rights in them. You may not use our Websites or the materials thereon in any way which might infringe upon our IP rights without appropriate authorization by us. You may from time to time, however, download and/or print one copy of individual pages of our Websites for your own personal, non-commercial use, provided that you keep intact all proprietary notices and that you do not otherwise infringe upon the relevant IP laws. In doing so you not acquire any IP rights in the material.
(b) Your IP rights
By posting any user-generated information on our Materials, you represent to us that you are the owner of the information or that you posted the information with the express consent of the owner of the information and that no element of the information will infringe upon the IP rights of a third party. You are responsible for paying all royalties and other fees that might be due to any person by reason of the information being posted you and thereafter used by the entity. By posting any user-generated information on our Materials you grant to us a royalty-free, perpetual, unrestricted, worldwide, and irrevocable license to use the information for any purpose, to the fullest extent allowed by third party platforms, if applicable. You are not entitled to any compensation from us or from third parties for this grant of or our use of the information. By posting any user-generated information you waive any moral rights in connection with the information. We reserve the right to identify you as the author of the information.
(20) Limitation of liability
(a) Limitation of liability with respect to our dealings with you
En pointe living is authentic, not perfect. We are not responsible for any loss or damage (be it direct, indirect, incidental, special, consequential or inconsequential damage including but not limited to economic loss, injury, illness, or death) resulting from any decisions made by you in reliance of the information on our Materials, whether or not that information was negligently provided to you by us. We are not responsible for any claims arising from your relationship with any of our licensees. We are not responsible for any loss or damage resulting from user-generated information.
(b) Limitation of liability with respect to your dealings with third parties
We may provide links and pointers on our Materials to websites maintained by third parties. Doing so does not constitute an endorsement of or control over such websites or the information, products, or services offered thereon. We expressly disclaim all liability, responsibility, and endorsement with respect to third party websites, and we make no representations as to their accuracy, integrity, or quality. We are not responsible or liable for any loss or damage incurred by you or any other party as a result of any correspondence or dealings between you and such third parties.
PRIVACY POLICY
(21) Personally identifiable information (“PII”)
PII is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. In order to conduct our business and serve you better, we may collect, keep, and use your PII. Please read our Policy carefully to get a clear understanding of how we promise to handle your PII. As a reminder, by accessing our Materials you agree to our Terms and Conditions, which includes our Policy.
(22) What our Policy governs/includes
Our Policy governs your access and use of our Websites and the privacy of your PII with respect to any information you may provide to us via our Social Media. Please note that because our Social Media platforms are operated by third parties (including but not limited to Instagram, Inc and Pinterest, Inc), your use of third party platforms in relation to your use of our Websites and our Social Media is not governed exclusively by our Policy. Rather, your use of third party platforms may be subject to additional third party privacy policies. By using these third party platforms we are entitled to assume that you agree to these third party privacy policies in addition to our Policy. Please familiarize yourself with the relevant third party privacy policies, including but not limited to, those of Instagram, Pinterest, Skype, Zoom, Jane App, PayPal, and your internet browser. We are not responsible or liable for the independent privacy and data collection practices of third parties who collect your PII during your use of our Materials.
Our Policy does not govern the privacy of your PII with respect to any information you may provide to us during your participation in online programs, or any of our other programs or sessions (collectively, our “Online Services” and “Wellness Services”). Our Policy does not govern the privacy of your PII with respect to any information that we may collect offline and/or through other means, including but not limited to via telephone, Skype, or in person.
(23) The PII we collect
You will not be required to voluntarily give us any PII in order to access our Materials. However, you may be required to share PII including but not limited to your name, address, and email address in order to email us or receive emails from us or to access our Services. Your privacy with respect to this PII is protected by our Policy.
Cookies
As is common practice online, we use “cookies”. Cookies are small files that a websites or its service provider transfers to your computer's hard drive through your internet browser that enables the websites’ or service provider's systems to recognize your browser and capture and remember certain information. We use cookies for activities including but not limited to compiling aggregate data about our Websites’ traffic and interaction so that we can offer better site experiences and tools in the future.
If you do not want your internet browser to allow cookies from us, you may adjust your internet browser settings accordingly. In doing so, some of our Websites’ functions may not function properly.
If you do allow cookies, by accessing our Website you automatically share with us PII, including but not limited to your IP address, the date and time of your use, the website from which you visited, and the website to which you visit next. Your privacy with respect to this PII is protected by our Policy. By accessing our Social Media it is likely that you automatically share with us and the third party platform the PII including but not limited to the PII described above. Your privacy with respect to this PII is protected by our Policy to the fullest extent possible, but is additionally subject to the privacy policies of the third parties involved.