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Terms and Conditions

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This document was created using a Contractology template available at http://www.freenetlaw.com.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

[You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

[This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Misophonia International’s use of cookies in accordance with the terms of Misophonia International’s [privacy policy / cookies policy].]

License to use website

Unless otherwise stated, Misophonia International and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.

 

a) We make no representations or warranties whatsoever regarding this site and any materials on this site.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THIS SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THIS SITE. WE MAKE NO WARRANTY THAT THIS SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

b) This site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through this site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this site. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this site. The contents of this site, such as text, graphics, images, information are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

 

c) You are solely responsible for the content of any posting you make to this site and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to post their materials. We do not undertake responsibility for screening or monitoring our users’ materials.

 

d) Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from this site (a “third-party site”). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

 

e) We do not endorse, and nothing on this site shall be deemed to be an endorsement, representation or warranty of, any third party, whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users.

 

f) We do not make any representations or warranties with regard to the accuracy, reliability, completeness, current-ness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of this site.

 

g) Your use of this site, the Internet, any materials you post or access via our site and your conduct online or offline are at your own risk.

 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
  • [edit or otherwise modify any material on the website; or]
  • [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Misophonia International’s express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without Misophonia International’s express written consent.]

Restricted access

[Access to certain areas of this website is restricted.] Misophonia International reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Misophonia International’s discretion.

If Misophonia International provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

[Misophonia International may disable your user ID and password in Misophonia International’s sole discretion without notice or explanation.]

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Misophonia International a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Misophonia International the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Misophonia International or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Misophonia International reserves the right to edit or remove any material submitted to this website, or stored on Misophonia International’s servers, or hosted or published upon this website.

[Notwithstanding Misophonia International’s rights under these terms and conditions in relation to user content, Misophonia International does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Misophonia International makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Misophonia International does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Misophonia International will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Misophonia International has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Misophonia International’s liability in respect of any:

  • death or personal injury caused by Misophonia International’s negligence;
  • fraud or fraudulent misrepresentation on the part of Misophonia International; or
  • matter which it would be illegal or unlawful for Misophonia International to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Misophonia International has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Misophonia International’s officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Misophonia International’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Misophonia International.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Misophonia International and undertake to keep Misophonia International indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Misophonia International to a third party in settlement of a claim or dispute on the advice of Misophonia International’s legal advisers) incurred or suffered by Misophonia International arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Misophonia International’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Misophonia International may take such action as Misophonia International deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Misophonia International may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Misophonia International may transfer, sub-contract or otherwise deal with Misophonia International’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions [, together with our Privacy Policy,] constitute the entire agreement between you and Misophonia International in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Canadian Law,and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of New Brunswick, Canada

Misophonia International’s details

The full name of Misophonia International is Misophonia International

Misophonia International’s [registered] address is
Apt 201, 25 Boyne Court
Fredericton, NB
Canada

You can contact Misophonia International by email to [email protected].