The Messina Movement

TERMS OF USE

Lisa Messina, operating as The Messina Movement is a sole proprietorship in the Province of Ontario, Canada (in this Agreement, “we”, “us”, etc). By using our website at themessinamovement.com (“Website”) you are entering into a binding contract (the “Agreement”) with us as to the terms of use of our Website and all written and other materials displayed or made available through the Website, including images, audio and video, computer Software, Submissions, and code, whether belonging to us or to a third party (the “Content”).

We may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will mean that you accept the revised terms. You should visit this page periodically to review this Agreement.

Additional Terms

Our Website is built and hosted on Squarespace, and your use of the Website may be subject to Squarespace’s own terms and conditions of use in addition to this Agreement.

We use Google Analytics to create reports and statistics on visits to our websites, Memberstack for webflow integration, and Acuity for appointment scheduling. Those third parties’ collection, use, and processing of your data is subject to their own terms (each linked above), which you must also consent to in order to use those features of our Website.

Purchases you make through our online store will be subject to separate terms and conditions of purchase. We recommend you review those terms as well during each unique purchase.

Information is not Medical Advice

The information and Content provided on the Website is for informational purposes only and is not professional medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute for it. Always seek the advice of your physician or other qualified health provider properly licensed to practice medicine or general healthcare in your jurisdiction with any questions you may have regarding any information obtained from this Website, or any medical condition you believe may be relevant to you or to someone else. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.

Analytics/Tracking

The Website uses cookies and other similar tracking technologies to gather information about your visit and distinguish you from other visitors, personalize your online experience, display customized content and advertising, and measure the effectiveness or performance of our websites and advertising.

Cookies are small text files that are stored on your computer or mobile device by a website in order to remember information about your browsing history or your device when you return to that website. Similar tracking technologies are pixels, web beacons or other technologies that store or access information on your device.

We may collect the following information about your visit to the Website: your IP address and the geographic location associated with your IP address; your network provider; information about your computer or mobile device such as your device model or browser type; the full URL clickstream to, through and from our Website; the date, time and duration of your visit; whether you are a first time or returning visitor; content you viewed and searched, mouse scrolls, clicks, keystrokes entered, recorded images such as forms you populated; and your interests and demographics.

You may disable cookies in your browser settings and clear your cache of previously installed cookies. However, if you disable cookies, the Website may not function properly and your personalized online experience may be hindered.

Anti-Spam Compliance

All communications from us are subject to Canada’s anti-spam legislation. By signing up to our mailing list through the web form, or checking the sign-up box upon checkout, you consent to receiving an opt-in email, which will add you to our email distribution list. You are opting in to receiving email communication from us, which may promote our products or services. You may opt out of these email communications at any time by using the opt-out/unsubscribe link or information in each message. Please note that if you do unsubscribe, it may affect our ability to notify you of certain changes to our Website or this Agreement.

Disclaimer of Warranties

We are providing access to the Website on an “as is” and “as available” basis. We disclaim all warranties, whether express, implied, or statutory, including those related to: merchantability, fitness for a particular purpose, title, and non-infringement of third party rights, unless otherwise expressly stated in this Agreement. Included in such disclaimer, we do not guarantee that:

  • the Website will operate on an uninterrupted basis or be available at all times or places;

  • data will be transmitted or stored successfully, accurately, or securely;

  • communications to or from the Website will be secure or not intercepted.

  • notification emails or pop-ups will be visible on all systems or platforms, and will not be blocked by firewalls, anti-virus, apps, or add-ons such as pop-up or ad blockers; or

  • the Website is free of viruses or other harmful components.

Any communication from us, such as through our mailing list, is also subject to this disclaimer of warranties.

Any material downloaded or received by you through the Website is at your own discretion and risk, and you alone are responsible for any damage to your person or property as a result of such receipt.

Your agreement to the above disclaimers of warranties are fundamental elements of this Agreement, and that we would not permit you to use the Website.

Prohibited Uses

In addition to other prohibitions as set forth in this Agreement, you will not, alone or together with others, use the Website, Software, or Content for any unlawful, obscene, or immoral purpose, nor to:

  • solicit others to perform or participate in any unlawful acts;

  • violate any applicable regulations, rules, laws, or local ordinances;

  • infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  • submit false or misleading information;

  • upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Software, or of any related website, other websites, or the Internet;

  • collect or track the personal information of others;

  • spam, phish, pharm, pretext, spider, crawl, or scrape; or

  • interfere with or circumvent the security features of the Website, Software, or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Website and any related website or social media for violating any of the prohibited uses without notice to you.

Limitation of Liability

Our aggregate liability arising from or related to your use of the Website, including that of our officers, directors, employees, agents, licensors and their respective successors and assigns is in all cases limited to direct damages only, up to an aggregate maximum of $50.00 CAD.

Neither we, our affiliates nor any of our or their respective officers or directors have any responsibility or liability for any expense, loss, cost, injury, damage, delay, cancellation, accident or any other matter or thing whatsoever (collectively, "Costs"), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising from or related to your access or use of the Website, Software, and Content, such as:

  • misuse of the Website or Content (including Software and Submissions), including any prohibited use listed above;

  • any failure, delay or decision by us in administering the Website, amending this Agreement, or terminating or migrating the Website;

  • unauthorized use of your account or password;

  • the acts, omissions, or conduct of any third-party;

  • use of any affiliate link or discount code provided by us;

  • any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Website; or

  • any change made to this Agreement.

This applies even if we or our representatives are advised of the possibility of such Costs in advance.

Indemnity

You will indemnify, defend, and us hold harmless, including our officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from

  • your breach of any of the terms and conditions of this Agreement;

  • your access to, use or misuse of, reliance upon, or inability to access or use the Website, the Content including Software and Submissions, or any website to which the Website is or may be linked to from time to time;

  • your Submissions (as defined below); or

  • your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.

Intellectual Property

All material, trade names and marks and other proprietary information, including text, images, video, Software, and other media related to or delivered through the Website is protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights (“Intellectual Property”). We, our licensors, or authorised contributors own the Intellectual Property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Intellectual Property in whole or in part without our prior express written consent.

Except as granted in the limited licence below, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, in whole or in part, is prohibited without our prior express written consent.

While certain materials of third parties may be used by us under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between us and the owner of the trademark, or to imply that we endorse the wares, services, or business of the trademark owner.

Limited Licence

Subject to the terms of this Agreement, you are granted a limited, non-transferable, and non-exclusive licence to access, view, and use the Website and the Content. You are granted the right to download, store, or print single copies of items comprising the Content for your personal (non-business) use, provided that you maintain all copyright and other notices contained in the Content. You may not copy, re-post, broadcast, or transmit the Content in any manner without our prior written permission. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence will govern.

Software Licence and Ownership

All software (and apps) embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by us, our licensors, or the party accredited with ownership of such Software.

You are granted the right to access and use the Software embedded and integrated into the Website, subject to the terms of this Agreement, and any additional conditions which may be imposed on your access and use of such Software.

Except to the extent expressly permitted in this Agreement, you may not:

  • use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part;

  • sell, rent, lease, license, transfer, or otherwise provide access to the Software;

  • alter, remove, or cover any trademarks or proprietary notices included in the Software; or

  • decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.

Except as expressly granted in this Agreement, nothing contained in the Website will be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any Intellectual Property rights in the Software.

All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind, either expressed or implied.

Registration

To use certain features of the Website, you may be required to register as a member with the Website. When you register with the Website, you will provide true, accurate, current, and complete information about yourself as prompted by any registration form, and keep this information updated as required.

If we have reasonable grounds to suspect that information you provided is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to all or part of the Website.

You are responsible to keep your access credentials including password confidential, and are responsible for all activities that occur under your account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage related to your failure to protect your Password or account information.

Submissions

The Website may include the opportunity for registered members to comment on classes or sessions (“Submissions”). You acknowledge that you alone are responsible for the content of your Submissions and the consequences of them.

By granting us permission to use Submissions, you grant us a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide licence to:

  • use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and

  • to sublicense to third parties the unrestricted right to exercise any of the above rights.

In addition to the grant of the above licence, you:

  • waive all moral rights in your Submission;

  • consent to being identified as the contributor of your Submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission;

  • acknowledge and agree that we are not responsible for any loss, damage, or corruption that may occur to your Submission; and

  • acknowledge and agree that your Submission will not be confidential.

We do not control the content of, nor will we be liable in any way for any Submissions, and we have no obligation to monitor the Submissions. However, we reserve the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in our sole discretion, is objectionable or in violation of this Agreement.

Nothing in this Agreement obligates us to approve or use any Submission.

Linking

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of any third-party website or its content. Unless expressly stated, we do not operate any third-party website linked to the Website and are not responsible for their content. We make no representation, warranty, or covenant of any kind regarding any third-party website including that any representation, warranty, or covenant regarding:

  • the legality, accuracy, reliability, completeness, timeliness, or suitability of any content;

  • the merchantability or fitness for a particular purpose of the website or material, content, Software, goods, or services located at or made available through it; or

  • uninterrupted or error free operation, that defects or errors will be corrected, or freedom from viruses or other harmful components.

While we encourage links to our website and social media pages, we do not wish to be linked to or from any third-party website which contains, posts, or transmits any unlawful or indecent information of any kind, such as:

  • any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, Provincial, territorial, federal, or international law or regulation which may be damaging or detrimental to our activities, operations, credibility, or integrity; or

  • any website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights.

We reserve the right to prohibit or refuse to accept any link to its website or the Website. You will remove any link you may have made upon request from us.

Affiliate Links

We may provide affiliate links or discount codes on the Website or as part of the Content for third party products or services which, if you use them to make a purchase, we may receive a commission from the third party. These links are provided solely as a convenience to you and ,unless expressly stated otherwise in the specific instance of the link or discount code, are not as an endorsement by us of the third-party products or services. We are not responsible for any third-party products or services, nor will we be liable in any respect for any Costs you may incur which arise from or are related affiliate links or discount codes. We encourage you to exercise your own diligence and discretion in determining whether their products or services are right for you.

Termination, Changes and Breach

We may change this Agreement or any aspect of the Website by posting an amended Agreement to the Website. For the current Agreement and related information, return to this page.

In addition to any other remedy available to us, we may terminate your access to the Website at any time for breach of this Agreement, anti-spam legislation, or our operational policies without notice.

The terms of this Agreement related to Intellectual Property, Privacy, all disclaimers of warranties, the license you grant us in your Submissions, our limitation of liability, your Indemnity, Alternative Dispute Resolution, and General Terms, along with any representations and warranties will survive any termination.

Alternative Dispute Resolution

All disputes arising from or related to this Agreement, including validity, existence, binding effect, interpretation, performance, breach or termination, and tort claims, or in respect of any legal relationship associated with or derived from those documents will be exclusively and finally resolved by:

  • Good faith negotiation, facilitated if necessary by a neutral third party mediator as agreed upon by the parties.

  • If the parties are unable to negotiate a resolution, the dispute will be referred to binding arbitration pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the “Rules”).

    • The place of the arbitration will be in Toronto, Ontario;

    • The arbitration will be conducted in person;

    • The language of the arbitration will be English.

    • Arbitration will be conducted by a single arbitrator. If the parties are unable to agree on an arbitrator, the parties will apply to have one appointed according to the Rules.

    • All filing fees will be paid for by the party which files the notice of arbitration. Each party will be responsible to pay its own costs, including legal fees, unless otherwise ordered by the arbitrator or arbitrators.

    • The award rendered by the arbitrator or arbitrators will be final, and will not be appealed on any grounds.

General Terms

This Agreement, and the documents it incorporates by reference, is the entire agreement between you and us on the subject matter. Except as expressly contained in these Agreement, there are no conditions, representations, warranties, express or implied, statutory or otherwise.

When you deal with us over the internet, you consent to the formation of contractual relations through electronic communications.

This Agreement is governed by and interpreted under the laws of the Province of Ontario, and the federal laws of Canada which apply in Ontario.

If any provision of this Agreement is found to be invalid or unenforceable, such provision will not affect the validity and enforceability of the remaining terms and conditions.

Any consent by us to, or waiver of, a breach of this Agreement which you have committed, whether expressed or implied, is not a consent to, or waiver of any other, different or subsequent breach.

Questions or comments regarding this Agreement should be directed by email to hello@lisamessina.com. All materials and any notices from us will be sent to your email address as in our records; please notify us if your address changes.