Legal
GENERAL DISCLAIMER
This Disclaimer (the “Disclaimer”) contains important information that applies to all content provided by MSB Wellness, such as MSB Wellness’ online content, physical and electronic newsletters, audio/visual content, and websites, including, without limitation, msbwellness.com (the Site). This Disclaimer also applies to all products and services described, promoted, or sold via the Site or by MSB Wellness. If you have any questions about this Disclaimer, please contact us at hello@msbwellness.com.
- Your Health Decisions Are Your Responsibility. By interacting with the Site, you acknowledge that you are fully responsible for your own health decisions. The content provided via the Site is not specifically tailored to your body or health concerns, does not include all information regarding the subject matter, and is only intended to serve as one informational resource for general educational purposes.
- Qualifications. MSB Wellness and its operators, employees, and contractors may hold the following qualifications and professional certifications related to MSB Wellness: FxNA Certified Functional Nutritional Counselor and Holistic Health Coach. MSB Wellness makes no representations to hold any other qualifications or representations outside of this.
- Scope of Practice.
- 1. Here is what we will be doing together: Our coaching will cover nutrition, exercise, and sleep, as well as emotional, mental and spiritual guidance toward optimal health.
- 2. Here is what we will not be doing together: We do not diagnose, treat, cure, or prevent any illness, health condition or injury.
- Not Professional Medical Advice. The content shared on this Site and by MSB Wellness is not professional medical advice nor a substitute for such advice. This Site is simply a compilation of content and services that MSB Wellness is providing. The information on this Site and the content and services provided by MSB Wellness are not designed to diagnose, treat, cure or prevent any disease, pain, deformity, injury, or mental or physical condition of any kind. It is solely your responsibility to decide whether to seek professional medical advice before engaging with MSB Wellness’ content or making any decisions regarding your own health.
- Video Disclaimer. In engaging with the content and videos shared on MSB Wellness’ Site and other platforms, including YouTube, you hereby release MSB Wellness from any liability related to any injuries or issues that may arise from engaging with, participating in, or viewing this content. YOU ARE RESPONSIBLE FOR YOUR OWN ACTIONS WHEN ACCESSING THIS CONTENT. This content is posted for educational and informational purposes only and is not tailored to you specifically in any way. Please note that this content is simply MSB Wellness’ interpretation and approach, and that MSB Wellness makes no representations about its efficacy and does not promise or guarantee any specific results. Please feel free to connect with MSB Wellness to ask us any questions. All communications should be directed to hello@msbwellness.com.
- No Guarantees. You understand that MSB Wellness makes no guarantees whatsoever regarding any results with respect to information, products, or services we share or sell through the Site. There is no guarantee that you will receive results similar to those of others, including those who provide testimonials. At the end of the day, we will not be responsible or make any promises about what will happen in your life and health.
- Affiliate Links. Please assume that, for every recommendation and link we provide, the following holds true: we have become aware of a product or service that we think may be of interest to our readers. After we do our own research and decide this item is of value to ourselves, our community, or our clients, we choose to promote that item and are compensated when our readers click on the link or purchase the product or service. We only mention items that we believe in and feel would be a benefit to you.
- FDA Disclaimer. Any statements on the Site made regarding products or services may not have been evaluated by the Food and Drug Administration or other relevant food, drug or health-related governmental agencies. The efficacy of products promoted, highlighted, or sold via the Site have not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. None of the information presented here is intended to be a substitute for or an alternative to information from health care practitioners. Before using any product, please consult your healthcare professional about potential interactions or other possible complications.
- Not a Client. By accessing and using the Site, you do not create a client-professional relationship with MSB Wellness. You will only become a client once we enter into an agreement regarding the services or when you sign a contract that we send to you, thereby officially creating a professional-client relationship. We hope to work with you soon, but you are not a client until we sign an agreement. By continuing to use the Site, you acknowledge that, for the moment, we are just pals.
- Mistakes. We are committed to doing our best. All the content we put on the Site is intended to be as accurate as possible and as helpful as possible in providing you with our content and services. That being said, please understand that we are human and can make mistakes, and there is a chance that information on the Site may be inaccurate. If this happens, we will rectify it as soon as it comes to our attention! We will never intentionally mislead you and are committed to providing you with the best content and services. If you have any issues with this, you are always welcome to stop using the Site.
- No Warranties. MSB Wellness makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind regarding any of the content we produce or share on the Site. To the maximum extent permissible by Province of Ontario laws, MSB Wellness disclaims all warranties regarding all information, products and services offered on or through the Site.
- Release, Waiver and Indemnity. You hereby release, hold harmless, indemnify and waive any claims against MSB Wellness and its members, owners, directors, officers, contractors, employees, affiliates, volunteers, associates, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) with respect to any and all liability and damages incurred during, or in any way associated with the Site or products or services highlighted, promoted or sold via the Site, however caused, including as a result of the Released Parties’ negligence, including but not limited to damage to or loss of personal property, personal injuries, death, or illness. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages, as a result of your engagement with the Site or purchase of products or services via the Site. You agree that this provision applies to you, your family, heirs, executors or anyone else who may be able to bring a legal action on your behalf in the future.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the Province of Ontario or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
- Reach Out. Please feel free to connect with MSB Wellness to ask us any questions. All communications should be directed to hello@msbwellness.com.
With Love,
MSB Wellness
TERMS AND CONDITIONS
Last modified: July 25, 2024
Welcome!
The material appearing on this website, msbwellness.com (this “Site”), is provided as information about MSB Wellness’ business, community, and people, and as a platform for online connection. The owner of this Site, MSB Wellness and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on the Site or material linked to this Site.
Any information on this Site is provided for promotional or informational purposes only and should not be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendation provided on this Site is at your own risk.
TERMS AND CONDITIONS
Please read the following carefully! Your access to and use of this Site is subject to legally binding terms and conditions, which you accept and agree to by accessing this Site.
The following terms and conditions (“Terms and Conditions”) form a binding agreement (this “Agreement”) between you and CFY Group Inc., a Corporation operating out of the Province of Ontario (“MSB Wellness”). MSB Wellness may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
- Trademark & Copyright. Logos for MSB Wellness are trademarks of MSB Wellness and its affiliates (the “Marks”). You must obtain written permission from MSB Wellness to use the Marks. All materials created by MSB Wellness on the Site are protected by Canadian copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to MSB Wellness. The contents of this Site are all copyrighted by MSB Wellness unless otherwise noted. You must obtain written permission from MSB Wellness to use the contents of the Site in any manner not authorized by these Terms and Conditions.
- Links to Third Party Websites. This Site may contain links to third-party websites. All such linked sites, materials and pages are not under the control of MSB Wellness, and MSB Wellness is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third party website. MSB Wellness accepts no liability for any errors or omissions in third-party websites. These links are provided to improve your use of this Site, enable you to connect with MSB Wellness on various platforms, help MSB Wellness offer the easiest services for you and conduct transactions.
- Use License. If MSB Wellness has materials on the Site that you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- 1. Modify or copy the materials;
- 2. Use the materials for any commercial purpose or any public display (commercial or non-commercial);
- 3. Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by MSB Wellness at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
- We hold the following professional qualifications and certifications: FxNA Certified Functional Nutritional Counselor and Holistic Health Coach.
- Scope of Practice.
- 1. Here is what we will be doing together: Our coaching will cover nutrition, exercise, and sleep, as well as emotional, mental and spiritual guidance toward optimal health.
- 2. Here is what we will not be doing together: We do not diagnose, treat, cure, or prevent any illness, health condition or injury.
- Our refund policy for any of the services or products sold on the Site is as follows: All sales are final.
- We aim to share information in an informative, open, and honest way. Any information and services provided on or through the Site are for informational and educational purposes only. What we share is the opinion and perspective of MSB Wellness. The information and education are not intended or implied to supplement or replace professional advice. Before taking any action, please make sure you consult with a professional.
- No Guarantees. We make no guarantees about any particular results or benefits that you’ll get from our Site, our products or our services. We will do everything to give you the tools to succeed, but we make no guarantees. We cannot be clearer about this: we make no promises regarding results and make no guarantees whatsoever.
- Site Terms of Use Modifications. MSB Wellness may revise these Terms and Conditions for its Site at any time without notice. By continuing to use the Site after MSB Wellness modifies this Agreement, you are agreeing to be bound by the updated version of this Agreement.
- Limitation of Liability. In no event shall MSB Wellness or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content on the Site, even if MSB Wellness has been notified orally or in writing of the possibility of such damage.
- Choice of Laws and Venue.The parties agree to irrevocably submit all claims relating to MSB Wellness’ Site to the exclusive jurisdiction of the courts of the Province of Ontario without regard to its conflict of law provisions.
- As a condition of your use of this Site, you indemnify MSB Wellness and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising from claims resulting or arising from your use of this Site.
- Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of MSB Wellness linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and MSB Wellness relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by MSB Wellness. If, for any reason, a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by MSB Wellness to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.
PRIVACY POLICY
MSB Wellness understands how important your privacy is. This privacy policy (the “Privacy Policy”) sets out the privacy policies and practices for CFY Group Inc. and its subsidiaries and affiliates (collectively, “MSB Wellness”) with respect to how MSB Wellness collects your personal information. It also describes how MSB Wellness maintains, uses, and discloses personal information. This Privacy Policy also sets out how to access certain information that MSB Wellness may collect about you.
In this Privacy Policy, personal information means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws (“Personal Information”). Personal Information does not include any information that is aggregated or otherwise de-identified.
Please note that the Site may contain links to other third-party websites not controlled or operated by MSB Wellness. This Privacy Policy does not apply to such third-party websites, and MSB Wellness is not responsible for the content of such third-party websites or the privacy practices of such third parties. MSB Wellness encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.
- Consent of Collection of Information. By submitting Personal Information to MSB Wellness and its Site or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting MSB Wellness at hello@msbwellness.com. You understand that if you withdraw your consent, MSB Wellness may not be able to continue offering its services and providing your information.
- Children Under 18. The Site is not intended for children under 18 years of age. No one under the age of 18 may provide any Personal Information to or on the Site. MSB Wellness does not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If MSB Wellness learns we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe MSB Wellness might have any information from or about a child under 18, please contact us at hello@msbwellness.com.
- Revisions to this Privacy Policy. MSB Wellness reserves the right, in MSB Wellness’ sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time without prior notice to you. MSB Wellness will treat your continued use of the Site following such revision as your acceptance of the revised terms. All revisions will be posted to the Site and apply to any Personal Information collected on or after the posted date. MSB Wellness will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law.
- Personal Information
- What do we collect? MSB Wellness may directly collect your name, address, phone number, birthday, billing address and email address. There may be other information you provide but MSB Wellness will not collect that and instead will be collected by the third parties MSB Wellness works with, as outlined in 4.4.
- Email Address. We may ask for your name and email address so we can send you our newsletter or emails. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional. This applies to any information you submit through our website or provide to us in any other manner.
- Phone Number. We may collect your phone number, and we may contact you via phone to contact you or if we feel there is information which would be beneficial to share with you. In accordance with everything outlined in this Privacy Policy, if you do not want to be reached by phone, you can ask us not to contact you via phone, or you can choose not to share your phone number.
- Third Parties. MSB Wellness may work with third-party applications to provide you with the best services on the Site. These organizations may collect Personal Information from you in order to provide you with the services, including your name and contact information. Specifically, the third parties MSB Wellness may work with on the Site are listed below. We’ve included links to their privacy policies to ensure you are comfortable using them.
- MailChimp: https://www.intuit.com/privacy/statement/,
- Wave: https://www.waveapps.com/legal/privacy-policy,
- Docusign: https://www.docusign.com/privacy/,
- Calendly: https://calendly.com/privacy,
- Zoom: https://zoom.us/privacy,
- Google Drive: https://policies.google.com/privacy?hl=en,
- Facebook: https://www.facebook.com/privacy/policy
- How will MSB Wellness use your Personal Information? Your Personal Information will be used to provide you with promotional and informative materials and offers and deliver the products and services you can purchase or subscribe to from the Site. Specifically:
- 1. MSB Wellness will not keep your credit card information but instead by one of the third parties listed in section 4.4 above;
- 2. Your name and email address are collected but will not actually be stored on the Site. Any information captured will be processed through third-party websites in section 4.4 above;
- 3. Your phone number may be used to contact you via phone if there is information we would like to share that we feel would benefit you;
- 4. If you subscribe to our newsletter, your Personal Information will be used to send the newsletter to you;
- 5. If we send you the Newsletter for marketing purposes, we may use your contact information to send you emails about promotions, special events and other marketing information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;
- 6. We may use your Personal Information to respond when you submit a question or suggestion to us or when you request assistance regarding the Service you purchased;
- 7. We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;
- 8. We may also share certain aggregated, anonymized information with a third-party provider in order to assist us in improving the Site.
- Storing Your Personal Information. MSB Wellness may store your Personal Information when you interact with the Site. MSB Wellness will be happy to delete any of your Personal Information it holds upon your written request. Your Personal Information will be safely disposed of by MSB Wellness.
- Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of MSB Wellness and associates. Wherever it is stored, it will always be protected with a password and never be shared with third parties without your permission.
- We Play by The Rules. The Site and MSB Wellness abide by all relevant Canadian laws in all aspects of our operations. As such, we abide by all the rules of CASL (Canadian Anti-Spam Laws) and the Personal Information Protection and Electronic Documents Act (PIPEDA). This Privacy Policy is also compliant with GDPR and CCPA regulations. If you have any questions about our compliance with this legislation, feel free to reach out to hello@msbwellness.com.
- Affiliate Relationships. Please assume that, for every recommendation or link we provide, the following holds true: we have become aware of a product or service that we think may be of interest to people who visit our website. After we do our own research and decide this item is of value to ourselves, our community, or our clients, we choose to promote that item and are compensated when our readers click on the link or purchase the product or service. (That compensation comes from our affiliate, not you). Regardless of compensation, we only mention products and services that we believe in and feel would be a benefit to you.
- Do Not Track Signals. MSB Wellness does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is still working on Do Not Track standards and there is no accepted standard for responding to such signals.
- The Site keeps the following information from your visits to our webpage:
- 1. We use visitor information to improve our customer engagement. This information tells us where and when people visit the Site, how long they stay there, and their IP information for website and server security.
- The Site uses ‘cookies’ to record the number of times you’ve visited the Site and how you interacted with the Site during each visit. In addition, the Site also uses cookies that are not absolutely essential for your use of the Site. Your continued use of the Site serves as consent for these cookies.
- 1. A cookie is a small text file sent by the site’s servers to your hard drive. It can only be read and interpreted by the Site’s servers. No Personal Information is stored in the cookie, and nothing on it can identify you personally.
- 2. Cookies have an important function in how you interact while visiting the Site. They ensure the usability of the Site’s different features, help the Site understand your preferences, and thus can improve your experience on the Site. If you do not want cookies from the Site, simply adjust your browser settings to disable cookies. This may change how you access the Site and render some of the Site’s features unusable, but of course, it is your choice to do so.
- Disclosure of Personal Information MSB Wellness will NEVER sell or license any Personal Information we collect from you. MSB Wellness is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 4.4 above. By purchasing the services and products offered by MSB Wellness, you agree to be bound to and consent to the provisions of our third parties’ privacy policies.
- Choice of Laws and Venue. This Privacy Policy and the use of the Site are governed by Canadian laws and the Province of Ontario. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the Province of Ontario. If a dispute arises, we agree to first resolve it through binding arbitration to take place in the Province of Ontario.
- Your Consent. By choosing to provide MSB Wellness with your Personal Information, you are consenting to its collection, use and disclosure under the principles outlined in this Privacy Policy. If you are under the age of 18, you must not provide any Personal Information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
- Protecting Your Privacy. MSB Wellness is committed to protecting your privacy. Security measures, such as using passwords on servers and computers and locked cabinets where Personal Information is stored, have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. Online transactions are completed using third-party applications outlined in section 4.4 above. Please refer to the third parties’ privacy policies, which links have been provided above, to clarify how your transaction and Personal Information will be handled. MSB Wellness makes no promises, warranties or representations about the manner in which third parties handle your Personal Information and bears no liability whatsoever for their use of them.
- The Internet Can Be Unreliable. The internet is, by its nature, inherently open and subject to the interception of information. We cannot guarantee that the information you provide to MSB Wellness over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside of MSB Wellness’ control.
- Verifying and Amending Your Personal Information MSB Wellness tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at hello@msbwellness.com to advise us of any changes to your Personal Information. You may request access to the Personal Information held by MSB Wellness at any time or seek to make corrections.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the Province of Ontario, or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The losing party shall bear the costs of the arbitration. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.
- Resolving your concerns. If you have any questions or concerns about MSB Wellness’ Personal Information collection, use and disclosure practices, please let us know at hello@msbwellness.com, and we will do our best to help you.