TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE OR ANY RELATED CONTENT
This page states the Terms of Use (“Terms”) under which you may use this website, its content, and related services. Your access of the site, your use of the site, or your use of any content contained herein or derived from content contained herein indicates your acceptance of these Terms.
These Terms do not apply to the collection, use, storage or disclosure of personal health information through Telehealth services and any other services or functionality provided on the Site that includes the collection, use, storage or disclosure of personal health information. Telehealth services are subject to additional terms and conditions.
Introduction
THE LIVE NETWORK Inc. a British Columbia corporation, the services provided (the "Services") and the software available for use from The Live Network Inc. or www.Therapylive.ca or associated sites (the “Site”) in connection with the Services (the "Software") are owned, operated and maintained, as applicable, by The Live Network Inc. ("we", "our", "us", “TLN” or the "Company"). By (1) using or accessing the Site or the Services; (2) downloading, accessing, installing or using the Software; (3) paying for someone else to use or access the Site or the Services or download, access, install or use the Software; or (4) participating in the production or use of digital content (and the physical and nonphysical activities involved therein), you agree to the Terms and conditions set forth below. If you do not agree with these Terms, you should not use the Site or utilize Content from the Site. For the purposes of these Terms, "you" means an any entity interacting with the Site or its Content in any manner. If you are a parent, guardian, or other person who enables a child to access the Site or Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against such a child.
This Site and its Content is not intended for use by anyone under the age of sixteen (16) years. If you are under the age of sixteen (16), you must ask your parent or guardian for permission to use this website. Parents should be aware that this site was neither designed for nor intended for use by persons under the age of sixteen (16) years or in jurisdictions where their use is contrary to law.
Terms in these Terms of Use may be superseded by later terms to be found on the Site or communicated to you by us or one of our designees.
Privacy
Any personal information submitted in connection with your use of the Site is subject to our Privacy Policy, the terms of which are incorporated into the Terms on the Site. Please review our Privacy Policy for the Site to understand our practices.
These Terms do not to apply to the collection, use, storage, or disclosure of personal health information through Telehealth services and any other services or functionality provided on the Site that includes the collection, use, storage or disclosure of personal health information. Telehealth services are the subject to additional terms and conditions.
Services
Through our Services, Site, and Software, we enable users to connect with independent providers ("Providers") who provide live and recorded instruction, consulting, therapeutic, and other learning services through online content (the "Content") or professional services in person. The Services include, without limitation, facilitating and hosting Content and listing professional services offered by Providers. While many, if not most, of these Providers are credentialed, we make no fundamental endorsement of any claims made by them or practices engaged by them. The Site is not intended to be a substitute for medical, psychological, legal, or other professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. The Providers maintain sole responsibility for the statements, actions, omissions, and commissions in which they might engage.
As a part of our operation of the Site, we will periodically remove Content that we find to be problematic and Providers that we find to be misrepresenting their credentials; such actions taken to better the Site should not be misconstrued as endorsements of either the competency of other Providers listed on the Site or the fitness of Content contained on the site for any particular purposes.
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. Any actions or inactions you might elect to take as a result of Content on this Site shall be your own responsibility. You agree that under no circumstances or theories of liability shall you hold either us or any of our employees liable for harms material, psychological, or otherwise that might result from such actions or inactions you might elect to take as a result of Content on this Site. Further, in the event of any legal action by you against a Provider listed on the Site as a result of Content on the Site or any advice of a Provider, you agree that you will not hold Therapylive.ca, The Live Network Inc., or its officers and employees liable for such Content on the Site or advice of such Provider.
Acceptable Use
This Site is intended to provide users with general information for educational and informational purposes. The Company does not recommend or censure any specific professionals, tests, products, procedures, opinions, or other information through its inclusion or omission of them on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation, or other visitors to the Site is solely at your own risk. Other parties retain their full responsibility for their statements and actions.
You may not use the Site in any way to engage in threats, coercion, intimidation, or other similar acts. You may not use the Site to engage in any activities that might be illegal within the jurisdiction of your residence or within the United States or Canada. You may not use the Site to engage in slander. You may not use the Site to impersonate another person, living or dead. You may not use the Site to post false, inaccurate, or misleading information. You may not use the Site to post chain letters, pyramid schemes, or engage in any fraudulent activities whatsoever.
Your use of the Site is a privilege. We may, at our discretion, remove any users or Content we deem problematic.
Employment Status
Nothing in these Terms should be construed to be an offer of current, ongoing, or potential employment.
Professional Responsibilities
While the Company at our discretion may modify or remove Content to comply with existing laws or regulations, the final responsibility for legal and professional compliance rests with the Providers and/or the regulatory bodies that license, credential, or otherwise make possible their practice. By your use of the Site, you agree that you understand this.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Therapy Live strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to The Live Network Inc., doing business as (“DBA”) Therapy Live, that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All Content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Live Network Inc. DBA Therapy Live, its suppliers or partners, or other legitimate copyright holders and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such Content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. The Live Network Inc. DBA Therapy Live Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for your personal use, and will make no other use of the Content without the express written permission of The Live Network Inc. DBA Therapy Live and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of The Live Network Inc. DBA Therapy Live or our licensors except as expressly authorized by these Terms.
Indemnification
You agree to indemnify, defend, and hold harmless The Live Network Inc. DBA Therapy Live, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities , damages and expenses (including legal, expert and consultant fees) causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Live Network Inc. DBA Therapy Live reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Live Network Inc. DBA Therapy Live in asserting any available defenses.
European Union
While the Company consistently strives to meet or exceed the best practices in the areas of privacy, reliability, and ethical conduct, the Site was not specifically designed for use within the European Union or its jurisdictions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE LIVE NETWORK INC. DBA THERAPY LIVE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE LIVE NETWORK INC. DBA THERAPY LIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE LIVE NETWORK INC. DBA THERAPY LIVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THESE TERMS ARE ENTERED INTO BETWEEN YOU AND TLN ONLY, AND NOT WITH THE CANADIAN PSYCHOLOGICAL ASSOCIATION (“CPA”), AND THAT TLN, NOT THE CPA, IS SOLELY RESPONSIBLE FOR THE PROGRAM AND THE CONTENT THEREOF AND CPA SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO THE PROGRAM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIVE NETWORK INC. DBA THERAPY LIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE LIVE NETWORK INC. DBA THERAPY LIVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION SHALL NOT APPLY TO LIMIT THE LIABILITY OF THE LIVE NETWORK INC. DBA THERAPY LIVE FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ITS NEGLIGENCE, WILFUL MISCONDUCT, BREACH OF CONFIDENTIALITY OR FAILURE TO COMPLY WITH APPLICABLE LAW.
Termination / Access Restriction
The Live Network Inc. DBA Therapy Live reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice if you fail to comply with these Terms.
Notwithstanding the termination of your access to the Site and Services you may still request access to or correction of personal information stored by TLN.
These Terms shall be governed by and construed in accordance with the law of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario. Each Party irrevocably and unconditionally attorns to the exclusive jurisdiction of the Courts of the Province of Ontario. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Live Network Inc. DBA Therapy Live as a result of these Terms or use of the Site. The Live Network Inc. DBA Therapy Live's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of The Live Network Inc. DBA Therapy Live's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Live Network Inc. DBA Therapy Live with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and The Live Network Inc. DBA Therapy Live with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Live Network Inc. DBA Therapy Live with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.