Warrior Coach connects you via our Platform, to licensed medical professionals (collectively, “Service Providers”) to provide you remote and in-person workshops, concierge packages, one-on-one services, and fertility management services (collectively, “Services”). You may also purchase podcasts, memberships, e-books, and various products from the Platform (each a “Warrior Coach Product” and collectively, “Warrior Coach Products”).
PLEASE BE ADVISED, THE PROPRIETOR OF WARRIOR COACH IS SARA SILBERNAGEL. SARA SILBERNAGEL IS EMPLOYED BY THE REGIONAL FERTILITY PROGRAM AS A REGISTERED NURSE.
WARRIOR COACH IS NOT A REPLACEMENT FOR MEDICAL CARE OR EMERGENCY MEDICAL SERVICES. PLEASE CALL 911 AND SEEK MEDICAL ATTENTION IN CASE OF EMERGENCY. WARRIOR COACH DOES NOT PROVIDE MEDICAL ADVICE FOR WORKSHOPS AND ANY MEDICAL ADVICE PROVIDED BY WARRIOR COACH OR ITS EMPLOYEES OR CONTRACTORS IS ONLY WITHIN THE SCOPE OF PRACTICE OF THE RESPECTIVE LICENSED HEALTHCARE PROVIDER.
BY USING THE PLATFORM OR BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND ANY AGREEMENTS REFERENCED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
1. Modifications to these Terms and Conditions and to the Platform
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. All such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review these Terms and Conditions to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Platform, and the Platform, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.
2. Your Use of the Platform and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. The Platform, including content or areas of the Platform, may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise 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. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Platform, 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) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Platform owner's ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Platform.
3. Geographic Restrictions
We provide this Platform for use only by persons who are permanent residents or citizens of Canada and the province of Alberta. This Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
4. Permitted Use
You agree to only use the Platform for the following reasons:
a. To learn about the learn about Warrior Coach and its products and services;
b. To connect with Service Providers;
c. To access Warrior Coach Services;
d. To facilitate orders for Warrior Coach Products, payments, refunds and delivery of services from the Platform; and
e. All other interactions as permitted by these Terms and Conditions.
5. Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, "submit") to the Platform, to other users or other persons (collectively, "User Submissions") and any and all Interactive Functions. All User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms and Conditions.
Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:
a. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
c. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Warrior Coach's sole discretion.
d. Involve, provide, or contribute any false, inaccurate, or misleading information.
e. Impersonate or attempt to impersonate Warrior Coach employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
f. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
g. Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.
6. Patient Portal Services and Electronic Communication
7. Site Monitoring and Enforcement, Suspension, and Termination
Warrior Coach has the right, without provision of notice to:
a. At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms and Conditions.
b. Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
c. Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS WARRIOR COACH AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY WARRIOR COACH AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER WARRIOR COACH OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
8. Grant of License
Provided you meet the Platform’s Geographic Restrictions as set out in Section 3, subject to these Terms and Conditions, and provided that you 19 years of age or older, Warrior Coach grants you a personal, non-commercial, limited, revocable, non-exclusive, non-assignable and non-transferable license to access the Platform. The Platform may contain Interactive Functions allowing User Submissions on or through the Platform.
By submitting User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not Warrior Coach nor Warrior Coach's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you to the Platform.
9. Remote Consultations
You acknowledge that the use of Service Providers may involve remote interactions with Service using electronic communications which may include but is not limited to:
a. Electronic communications with Service Providers via secure phone, text, email, and video communications;
b. Electronic transmission of sensitive personal information; and
c. Video recordings, voice recordings or transcripts of electronic communications between you and Service Providers as well as other users.
10. No Reliance
The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You should obtain professional medical advice from a qualified healthcare provider before taking, or refraining from, any action or inaction based on the content on our Platform.
Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither Warrior Coach nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Platform.
This Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided Warrior Coach, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Warrior Coach. Neither Warrior Coach nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
11. Intellectual Property Rights and Ownership
You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Warrior Coach, 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.
You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, in any form or medium whatsoever except:
a. your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
b. in the event social media platforms are linked to certain content on our Platform, you may take such actions as our Platform and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from this Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You are also not permitted to share content from the Platform. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
If you copy or download any part of our Platform in breach of these Terms and Conditions, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by Warrior Coach. Any use of the Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Electronic Communications and Consent to Receive Calls and Text Messages
When you use the Platform or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Warrior Coach and our Service Providers may contact you by telephone, mail, or email to verify your account information. Warrior Coach and our Service Providers may request further information from you, and you agree to provide such further information to ensure that you have not fraudulently created your account.
By providing your mobile number, you are agreeing to be contacted by or on behalf of Warrior Coach and our Service Providers at the mobile number you have provided, including calls and text messages, to receive informational and marketing communications relating to the Platform. Message and data rates may apply. We may confirm your opt-out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify services you wish to stop. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your progress and services.
13. Third-Party Websites
For your convenience, this Platform may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Such links to third-party sites from the Platform may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Platform. You may only use these features when they are provided by us and solely with respect to the content identified.
14. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER WARRIOR COACH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WARRIOR COACH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
15. Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WARRIOR COACH NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY PLATFORM CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Warrior Coach, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including, but not limited to, your User Submissions, third-party sites, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms and Conditions.
17. Governing Law and Choice of Forum
The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Alberta or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
20. Force Majeure
21. Entire Agreement
These Terms and Conditions, the Warrior Coach Service Agreement and the Warrior Coach Store Policy constitute the sole and entire agreement between you and Warrior Coach regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Reporting and Contact
This Platform is operated by The Warrior Coach Inc.
All notices of copyright and intellectual property infringement claims should be sent to the email@example.com. Should you become aware of misuse of the Platform including libelous or defamatory conduct, you must report it firstname.lastname@example.org. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to email@example.com.