Terms of Use

AGREEMENT BETWEEN USER AND Dr. Smistad

The Dr. Smistad Web Site (drsmistad.com) is comprised of various Web pages operated by Dalbrent Ciropractic and Massage Clinic.

The Dr. Smistad Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Dr. Smistad Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Dr. Smistad reserves the right to change the terms, conditions, and notices under which the Dr. Smistad Web Site is offered, including but not limited to the charges associated with the use of the Dr. Smistad Web Site.

NO MEDICAL ADVICE

Certain sections of our web site deal with chiropracic, acupuncture, light theray, massage therapy, diet, fitness, exercise, sports and related topics.

The information and products provided on the drsmistad.com web site are for informational purposes. Articles, videos, reviews and blogs should never be used as a substitute for the advice of trained medical personnel.

Certain sections of our web site have articles on health, fitness, exercise, diet, nutrition, weight loss, diseases and conditions.

The articles are the opinions of the authors. These articles are for informational purposes and should not be used as medical advice, diagnosis or treatment.

This web site is not a substitute for medical advice. You should consult your physician, chiropractor or other trained medical personnel in person before starting any dance, diet, fitness program, exercise program, sport program, supplementation, weight loss or regarding medical symptoms or advice.

drsmistad.com is not engaged in rendering medical advice, diagnosis, treatment or professional services on the internet.

Any medical decisions should be made in personal consultation with your physician or other trained medical personnel.

We will not be liable for any complications, injuries, loss, or other medical problems arising from, or in connection with, the use of, or reliance upon any information or products on this web site.

LINKS TO THIRD PARTY SITES

The links to third party Web sites on the pages of this web site will let you leave this site.

The linked sites are not under our control and we are not responsible for the contents of any linked site.

We are providing these links only as a convenience. Including the links on this web site does not express or imply any endorsement of any third party products or services.

The site owner and site creator are not responsible for the practices employed by websites linked to or from this website nor the information or content contained therein.

Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of this Web site.

 

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Dr. Smistad Web Site, you warrant to Dr. Smistad that you will not use the Dr. Smistad Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You may not use the Dr. Smistad Web Site in any manner which could damage, disable, overburden, or impair the Dr. Smistad Web Site or interfere with any other party's use and enjoyment of the Dr. Smistad Web 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 Dr. Smistad Web Sites.

MATERIALS PROVIDED TO Dr. Smistad OR POSTED AT ANY Dr. Smistad WEB SITE

Dr. Smistad does not claim ownership of the materials you provide to Dr. Smistad (including feedback and suggestions) or post, upload, input or submit to any Dr. Smistad Web Site or its associated services (collectively "Submissions").

 However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dr. Smistad, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Dr. Smistad is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dr. Smistad's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Dr. Smistad WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Dr. Smistad AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Dr. Smistad WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Dr. Smistad WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Dr. Smistad 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 Dr. Smistad WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Dr. Smistad 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Dr. Smistad AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Dr. Smistad WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Dr. Smistad WEB 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 Dr. Smistad WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Dr. Smistad WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Dr. Smistad 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Dr. Smistad WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Dr. Smistad WEB SITE.

TERMINATION/ACCESS RESTRICTION

Dr. Smistad reserves the right, in its sole discretion, to terminate your access to the Dr. Smistad Web Site and the related services or any portion thereof at any time, without notice.

GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Alberta, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, Canada in all disputes arising out of or relating to the use of the Dr. Smistad Web Site.

Use of the Dr. Smistad Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dr. Smistad as a result of this agreement or use of the Dr. Smistad Web Site. Dr. Smistad's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dr. Smistad's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Dr. Smistad Web Site or information provided to or gathered by Dr. Smistad with respect to such use. If any part of this agreement 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 agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dr. Smistad with respect to the Dr. Smistad Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dr. Smistad with respect to the Dr. Smistad Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement 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 this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Dr. Smistad Web Site are: Copyright 2012 - 2018 by Dalbrent Chiropractic Massage Clinic and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.