www.irenelyon.com or www.smartbodysmartmind.com or www.irenelyon.com/tuneup (the “Site” or “Sites”) are Internet websites that provide viewers (the “User” or “Users”) education materials and practical exercises developed from Somatic Experiencing, The Feldenkrais Method, and personal insights and experiences of Scientuitive Fitness and Wellness Education Inc. (hereinafter “Scientuitive”). Information is delivered via email, videos, live calls, digital courses, articles, webinars, and recordings (the “Services”). This site or these sites should not be substituted for professional medical advice, diagnosis, or treatment. Always consult your professional healthcare providers before commencing treatment.
Irene Lyon is the founder and principal of Scientuitive.
These terms and conditions of use (“TOU”) described herein are the entire agreement between Scientuitive and the Users.
By choosing to use the Site, you are deemed to have read, understood, and agreed to comply with the TOU. You have the opportunity to ask for clarification of particular provisions and address concerns before proceeding. You agree to abide by applicable rules as uploaded and posted on the Site which Scientuitive may change from time to time, without further notice. Users are deemed to accept of the most current TOU in effect at the material time(s). If you have questions about the TOU, the Site, our services, or Scientuitive, we can be reached at: firstname.lastname@example.org.
Law applicable – Language
Use and operation of the Site is exclusively governed by the laws of British Columbia and Canada where applicable. Users of the Site irrevocably attorn to the exclusive jurisdiction of the Supreme Court of British Columbia. In the event that there is an arbitration in relation to the TOU or the Site, such arbitration must occur in Vancouver, British Columbia, Canada, in English.
You may use the Site and services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. The Site can remove without notice and without compensation and at its sole discretion any Users that violate any of the TOU.
All notices, requests, demands, and other communications under this TOU shall be in writing and properly addressed as follows:
Scientuitive Fitness and Wellness, Inc.
Attention: Irene Lyon
313-119 West Pender Street
Vancouver, BC V6B 1S5
Operation of the Site
Using the Site
Scientuitive makes no representation or warranty that information provided, regardless of its source (the “Content”) is accurate, complete, reliable, current, or error-free. Scientuitive disclaims all liability for any inaccuracies, errors, or incompleteness in the Content.
In order to use the Service, Users may be required to provide information including name, email address, user name, password, and other personal information. You agree any information provided will be accurate, correct, and up-to-date. You shall not impersonate someone else to provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purposes. You must not, in the use of this Service, violate laws in any jurisdiction.
If a User provides false information, Scientuitive has the absolute right to immediately terminate the offending User’s account. Our User community is founded on the core tenets of honesty and respect between persons to promote overall improvement in health and well-being. Our Site must function in accordance with these paramount principles in all respects. Scientuitive will not tolerate behaviour that may detract from the Site’s integrity or harm Scientuitive and fellow Users.
Information provided is not disclosed to any third party unless compelled by law.
Materials Users Submit to the Site
Users shall not upload, post, or otherwise make available on the Site artwork, photos, or other materials (hereinafter called the “Materials”) protected by copyright, trademark, or other proprietary rights without the express written consent of the owner of the copyright, trademark, or other proprietary rights. The burden of determining that Materials are not so protected rests entirely with the User. The User shall be liable for any damage resulting from infringement of copyrights, trademarks, or other proprietary rights, or other harm resulting for. For all Materials submitted by a User to the Site, Users represent or warrant that the User, has authority to use and distribute the Materials, and that the use or display of the Materials will not violate any law, rule, regulation, or right of any third party.
Scientuitive will email the User confirming placement of User’s order and details concerning product delivery. In the event of error in email confirmation, it is User’s responsibility to inform Scientuitive as soon as possible of error.
Scientuitive is not a Party to Any Contract Between Users
If there is dispute between Users of this Site, or between a User and a third party, Scientuitive is under no obligation to become involved. Users agree to absolutely and irrevocably save harmless Scientuitive and release Scientuitive, its officers, directors, employees, agents and successors in rights from any and all claims, settlements, liabilities, charges, assessments, expenses loss, injury, and demands and damages (actual and consequential) of every kind or nature, founded in contract, tort or under statute, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly and indirectly in connection with the Site and Scientuitive.
The Site and the Service contain links to third party websites and resources. The User acknowledges and agrees that Scientuitive is not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Scientuitive. The User acknowledges sole responsibility for and assumes all risk arising from use or any such websites or resources.
Effects of Headings
The subject headings of the paragraphs and subparagraphs of this TOU are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
The Company Expressly Disclaims Any Warranty
For greater certainty, it is the Users’ mutual expectations that, as a fundamental precondition to use the Site, the User is deemed to agree that the use of the Site is entirely at the sole risk of the User.
Be forewarned: “caveat emptor”; some of the information contained in the information and resources on the Site may be inaccurate or wrong; if you choose to deal directly with any other User it is entirely up to you to take the utmost in precautions and proceed in a diligent and prudent manner.
Limitation of Scientuitive’s Liability
Under no circumstances shall Scientuitive be liable for direct, indirect, incidental, special, consequential, or exemplary damages resulting from use of the Site.
The foregoing applies even if Scientuitive has been advised of the possibility of or could have foreseen the damages. In those states or provinces that do not allow the exclusion or limitation of liability for damages, Scientuitive’s liability is limited to the fullest possible extent permitted by law. In no event shall Scientuitive’s cumulative liability to exceed the total purchase price of the Service the User has purchased from Scientuitive , and if no purchase has been made by the User, Scientuitive’s cumulative liability shall not exceed One Hundred Canadian Dollars (CAD $100.00).
This TOU shall be construed in accordance with, and governed by, the laws of the Province of British Columbia. The exclusive venue for any arbitration or court proceeding based on or arising out of this TOU shall be in Vancouver, British Columbia, Canada.
If any term, provision, covenant, or condition of this TOU is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of this TOU shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
The TOU shall bind and inure to the benefit of the Users’ successors and assigns. The TOU are not assignable, delegable, sublicenseable or otherwise transferable by the User. Any transfer, assignment, delegation, or sublicense by the User is invalid.