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TERMS AND CONDITIONS

These terms and conditions ("Terms") apply to our application and website, including any services provided thereunder, located at www.embodiaapp.com and www.embodiaacademy.com (the "Site"), that is operated and owned by Embodia Inc. ("Embodia", "we", "us"). By using the Site, you agree to these Terms. If you do not agree to these Terms, do not use the Site.

We reserve the right to modify or replace these Terms at any time. Such modifications shall be effective immediately upon posting on the Site. You agree to review these Terms periodically and your continued access and use of the Site shall be deemed as your continued acceptance of the Terms. If you do not agree to any modifications, please stop using the Site.

Embodia provides the Site and related information "as is". You agree to assume total responsibility and risk for the use of the Site and the Internet. We do not make any warranties, endorsements or representations whatsoever with regard to the information provided through the Site or the Internet generally. It is your responsibility to evaluate the accuracy and completeness of the information provided through the Site or on the Internet in general. Embodia shall not be liable for any cost or damage arising from your understanding or interpretation of this information.

While we will do our best to regulate the content of the Site, you understand that the Internet and information provided by a third party on the Site may contain unedited materials, some of which may be sexually explicit or may be offensive to you. You access such materials at your own risk. Embodia accepts no responsibility whatsoever for such materials.

Use of the Site

The Site is to be used for lawful purposes only. You will not act in any manner that will restrict or inhibit any other party from using the Site. Actions that can be construed, in Embodia's opinion, as unlawful, invasive of privacy, vulgar or otherwise obscene, will not be tolerated and will result, at a minimum, with your account being terminated without any refund to the purchaser for the corresponding account. We reserve the right to initiate legal action should the violation warrant it.

You are prohibited from attempting to circumvent and from violating the security of the Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) disrupting network services and otherwise disrupting our ability to monitor the Site; (e) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (f) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (h) otherwise attempting to interfere with the proper working of the Site.

While we do our best to keep the content on the Site safe, you also understand that we cannot and do not guarantee or warrant that information available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

No Medical Advice

Please note that use of the Site does not create any form of health practitioner-patient relationship between you and Embodia. The information on the Site, including but not limited to any images, text, newsletters, articles, opinions and videos, is provided for information purposes only. It is not designed or intended to constitute medical, physiotherapy or any other type of professional advice, or to be used for diagnosis. Online resources are not a substitute for the personalized judgment and care of a trained professional. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. Your use of the Site is at your own risk and Embodia has no responsibility or liability whatsoever for your use of this Site.

Password Confidentiality

Portions of the Site require a valid email address and password to access and use services or materials on the Site. You are solely responsible for:

  • Maintaining the strict confidentiality of any e-mail address, code or password (collectively, "account credentials") assigned to you;
  • Exercising caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information;
  • Not allowing another person to use your account credentials to access the Site;
  • Any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your account credentials; and
  • Promptly informing us in writing of any need to deactivate your account due to potential or actual security breaches. We are not liable for any harm related to the theft of account credentials, your disclosure of your account credentials, or your authorization to allow another person or entity to access.
Purchases

If you purchase services made available through the Site ("Purchase"), you may be required to supply information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with your Purchase; and (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your use of our Site without the obligation to assign any reason for doing so. Such reasons include but are not limited to: fraud or an unauthorized or illegal transaction is suspected, service availability, errors in the description or price of the service, or errors in your subscription. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

Membership

Some features on Embodia requires a monthly/yearly membership. Embodia offers a number of membership plans that you can choose from.

If you opt in to subscribe to one of the membership plans, your membership will continue until terminated. To subscribe to a membership, you must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).

Billing and Cancellation

Billing Cycle: The membership fee for Embodia and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Membership" page. The length of your billing cycle will depend on the type of membership that you choose when you signed-up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month.

Payment Methods: To sign up to an Embodia membership you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

Updating your Payment Methods: You can update your Payment Methods by going to the "Membership" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

Cancellation: You can cancel your Embodia membership at any time, and you will continue to have access to the Embodia membership service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods. To cancel, go to the "Membership" page and follow the instructions for cancellation. If you cancel your membership, your account will automatically be downgraded to the free tier at the end of your current billing period.

Electronic Communications

When visiting the Site, or when you send us emails, you are communicating with us electronically. By using the Site, you agree to receive communications from us electronically, which may include by email or by posting notices on the Site. You consent that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive communications from us electronically by contacting us.

Information Collection

Embodia allows for the collection and uploading of personal information about clients. The purpose for the collection and storage of this information is as an aid to Embodia's customers to perform their required duties as stated by their employment description and any licenses under which they are legally bound. The information is intended to only be accessed by the person who originally entered it or to those whom the person who originally entered it has given permission in any form, verbal, written, electronic or otherwise. If you upload any personal information to the Site, you must comply with applicable privacy laws, obtain all necessary consents to upload such information and ensure such consent contemplates the processing of personal information in accordance with the Site's functions. Embodia is not responsible for the accuracy of the information stored on its servers and as such is not liable for any errors made in entering information into its systems or any modification made by the person who originally entered the information or any persons to whom access permission has been granted either intentionally or unintentionally. For more details on our privacy practices, please refer to our Privacy Policy

Copyrights, Trademarks, Disclaimers

You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Embodia, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

While Embodia can make the information on its servers available to anyone, we retain all intellectual property rights, including copyright, on all text, images, audio, video clips and any other digital information contained on the Site. This means that except where otherwise stated in a notice appearing on a particular web page or where otherwise expressly authorized by Embodia, you may not publish or distribute the information to others, "mirror" or display the information on your own server. You may print copies for use by representatives of your company within your business; store the information files on your own computer for your business use, or reference this server by links stored in your own documents or web pages, however, you are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

Links To Third Party Websites

The Site may contain links to third party websites. We make no representations about any other websites that may be accessed from the Site. If you choose to access any such sites, you do so at your own risk. Embodia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-parties.

Embodia is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such websites or services. You should carefully review the terms and conditions and privacy policies of any third party websites you visit.

The information provided on the Site is provided as a convenience to you. We do not warrant the accuracy or completeness of the information contained in the Site or any linked web pages. Embodia is not responsible for the content of linked websites.

Disclaimer of Warranties

The Site is provided on an "as is" and "as available" basis. Embodia hereby expressly disclaims all warranties and conditions of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose, and all warranties arising from course of dealing, usage, or trade practice. Embodia makes no warranty that: (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) any errors in the Site will be corrected; or (v) the Site will be compatible or work with any software, system or other services. Embodia strictly disclaims all warranties with respect to any third party products.

Limitation of Liability

In no event will Embodia be liable to you or any third party under or in connection with the Site under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any: (a) consequential, incidental, indirect, exemplary, special, aggravated, or punitive damages; (b) increased costs, diminution in value, or lost business, production, revenues, or profits; (c) loss of goodwill or reputation; (d) use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security; or (e) cost of replacement goods or services, in each case regardless of whether Embodia was advised of the possibility of such losses or damages were otherwise foreseeable.

Embodia will make every reasonable effort to ensure you can access your account or the Site you have subscribed to. We are expressly not liable for any loss or damages that may occur when the Site is not available, such as during maintenance windows, by acts of God, or any other reasonable cause, or for any damages arising out of the misuse of your password or your account credentials, or for any self-injury. Although Embodia is committed to protecting any confidential data submitted to the Site, we are not responsible for the confidentiality, security or privacy of any files downloaded to your personal computer.

Indemnification

You agree to indemnify, defend and hold harmless Embodia, its officers, directors, representatives, employees and any third party information providers to the Site from and against all loses, claims, expenses, damages, liabilities and costs, including reasonable legal fees and expenses resulting from any violation of these Terms by you, your use and access of the Site, or your violation of any rights of another.

Embodia reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and in such case, you agree to cooperate with all reasonable requests in assisting Embodia's defense of such matter.

Release

In consideration of being permitted to access and use the Site, you hereby agree to release Embodia, its officers, directors, representatives, employees and any third party information providers to the Site from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties in connection with the Site or your access and use of the Site.

Termination

Embodia reserves the right to terminate the Site at any time, without prior notice or liability, for any reason whatsoever. These Terms shall survive termination. Upon termination, your right to use the Site will immediately cease.

Governing Law

The Site and these Terms will be governed by, and interpreted and enforced in accordance with, the laws of the Province of Ontario and the federal laws of Canada, as applicable.

Non-Waiver of Rights and Non-Assignability

If you breach any of these Terms and Embodia chooses not to immediately act, or chooses not to act at all, Embodia will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Embodia does not waive any of its rights.

A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Severability

If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

Contact

If you have any questions about these Terms, please feel free to contact us at support@embodiaapp.com, or by delivery in person, by courier or by the mail to Embodia at 6th Floor, 10 Dundas St E, Toronto, ON M5B 2G9.

© 2022 Embodia