TERMS & CONDITIONS, PRIVACY POLICY, & COPYRIGHT NOTICE
 

Terms & Conditions of Use

TERMS AND CONDITIONS OF USE

Effective Date: January 1, 2024
Last Updated: September 30, 2025
 

Welcome to Mind Body Horizons Inc. (“Company,” “we,” “our,” or “us”). These Terms and Conditions of Use (the “Agreement” or “Terms”) govern your access to and use of all our digital and physical properties and offerings, including but not limited to:

• Our websites: https://mind-body-horizons.kit.com/313492e6f9, https://shrey.thinkific.com/courses/StrongLegs60, https://www.mindbodyhorizons.com, https://shrey.thinkific.com/  ;

• Our YouTube channel: https://www.youtube.com/channel/UClknqN2neehrn317_cE6M5g ;

• Our newsletters, our publications, and mass communications including email newsletter, The Mind Body Strong Journal; and

• Our paid programs, products, subscription offerings, courses, and other services (collectively, the “Company Properties” and the “Services”).
   

By accessing, browsing, subscribing to, or otherwise using the Company Properties or Services, you (“you,” “your”) agree to be bound by this Agreement. For the purposes of this Agreement, “You” means the person accessing or using the Company Properties and/or the Services, whether on your own behalf as an individual or on behalf of another individual, entity, or company. If you are accessing or using the Company Properties on behalf of another individual or a company, you represent and warrant that you are authorized to accept this Agreement on their behalf.

If you do not agree with these Terms, you must not use the Company Properties or Services.

1. What We Do

The Company provides educational content and general informational resources focused on health, wellness, exercise, strength, balance, pain relief, and related topics for an older adult population. We make such content available through the Company Properties and may also provide subscription programs, digital courses, and other offerings. Collectively, these constitute our “Services.”

All Services are governed by these Terms, and by using or participating in any Services you agree to abide by this Agreement and any applicable Supplemental Terms. The Company may, in its sole discretion, add, modify, suspend, or discontinue any of the Services at any time, without liability to You.

2. Supplemental Terms & Third-Party Terms

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set out in this Agreement or presented to You for acceptance at the time You sign up for the applicable Service. If there is any inconsistency between this Agreement and any Supplemental Terms, the Supplemental Terms will control with respect to the Service to which they apply. Any additional terms specific to Services are incorporated by reference into this Agreement as if fully set forth herein. In addition, certain Services may integrate or rely on third-party platforms, tools, or services (such as YouTube, Thinkific, or similar providers), and Your use of those services is subject to the applicable third party’s terms and conditions, which may change from time to time. You agree to review, accept, and comply with all such third-party terms as a condition of accessing or using those Services.

3. No Therapist – Client Relationship

Although the Company is operated by a registered physiotherapist in Ontario, the information, products, and services provided through the Company Properties do not constitute physiotherapy treatment or a therapist–client relationship. You are not receiving individualized healthcare, diagnosis, or treatment through the Company Properties.

4. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Company Properties. By using them, you represent and warrant that you meet this requirement.

5. Your Responsibilities

You are responsible for all activity occurring under or relating to your account, including, but not limited to, activity by your staff, employees, consultants, advisors, independent contractors, and End Users. You agree to:

• Ensure that your Affiliates and End Users comply with this Agreement, any Supplemental Terms, and all applicable laws, rules and regulations (including data privacy and transmission of personal data laws);

• Provide accurate, current, and complete information when using or registering for any Services, and promptly update such information to keep it accurate;

• Maintain the confidentiality of your login and account credentials;

• Not use the Company Properties or Services for any unlawful, harmful, or unauthorized purpose.

• Not interfere with or disrupt the integrity, operation, or security of the Company Properties, Services, or related systems.

6. Changes to Services

The Company reserves the right, at any time and from time to time, to modify, suspend, or discontinue the Services, in whole or in part, at its sole discretion, including in connection with events beyond its reasonable control (“force majeure” events). You acknowledge and agree that the Company shall have no liability to You for any such modification, suspension, or discontinuation, and You shall have no legal or equitable remedy arising from such actions.

7. Free Trials, Newsletter, and Promotional Offerings

The Company may, at its sole discretion, provide free trials, newsletters, or other promotional offerings. These are provided without guarantee, may be suspended or terminated at any time without notice, and do not confer any rights upon you.

8. Payment Processing

The Company may offer the ability to process payments through the Services (“Payment Processing Services”). Such Payment Processing Services are provided by our third-party payment processing partners (“Third Party Offerings”). Any procurement by you will be subject to a separate merchant agreement solely between you (or your Affiliate) and the third-party processor.

By using Payment Processing Services, you agree that you and your Affiliates will comply with the applicable merchant agreements, card network rules, and all laws and regulations. The Company disclaims all liability arising from Third Party Offerings.

9. Fees and Payment
 

9.1 One-Time Payments (Current Model)

Unless otherwise specified in an order form, all charges for the Company’s products and services are one-time payments only. The Company does not currently offer subscriptions or recurring billing of any kind, and no subscription fees are charged at this time.
 

You agree to pay all applicable fees and other charges as communicated by the Company. All payment obligations are non-cancellable, and all fees paid are non-refundable, unless otherwise stated in writing. Where a program, subscription, or service specifically includes a money-back guarantee, You may request a refund of fees actually paid. Any refund shall not exceed the total amount paid by You for the applicable program, subscription, or service and is subject to our review and sole discretion.
 

Unless otherwise specified, fees must be paid in advance of delivery or access to the applicable product or service.

By providing payment information (e.g., credit card), you represent and warrant that you are authorized to use the designated payment method and authorize the Company to charge it for the amounts due. Payment information may be shared with third-party service providers solely for purposes of processing your payment.

If you believe a payment has been processed in error, you must notify the Company in writing within thirty (30) days of the charge; otherwise, the payment will be deemed final and accepted.

All fees are exclusive of applicable taxes, levies, or duties, and you are solely responsible for the payment of any such amounts, except for taxes based on the Company’s net income.
 

9.2 Subscription Services (Future Offerings)
 

The Company reserves the right, at its sole discretion, to introduce subscription offerings in the future. If subscriptions are introduced, they may be subject to additional or supplemental terms and conditions, which will be provided to you at the time of enrollment.

You will not be automatically enrolled in any subscription plan. Enrollment in any subscription must be initiated by you through explicit application or consent, and any recurring billing will begin only once you have agreed to the applicable subscription terms.

Unless otherwise specified in an order form or the applicable supplemental terms, subscription fees during any renewal term will be updated to the pricing set forth on the Company’s website or in written communications to you at the time the renewal term begins. Prices are subject to change.

10. Ownership of Data

Your Data. “Your Data” means any data, information, or material provided, submitted, or made available by you or your Affiliates to the Company Properties and Services, including End User Data and Cardholder Data, but excluding Aggregated Data. As between you and the Company, you own all right, title, and interest in Your Data.

You grant to the Company a nonexclusive, worldwide, assignable, sublicensable, fully paid-up, royalty-free license to use, copy, distribute, display, perform, publish, prepare derivative works of, and otherwise use Your Data solely for providing, improving, and developing the Services. You represent and warrant that you have the necessary rights to grant this license and that use of Your Data does not violate any laws or third-party rights.

Your data is subject to our Privacy Policy.

Our Data. All right, title, and interest in data independently collected by the Company without reference to Your Data (“Our Data”), including data about End Users through Company Properties, belongs solely to the Company.

11. Warranties and General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES.

The Company does not warrant that your use of the Services will be secure, timely, error-free, or uninterrupted, or that the Services will meet your requirements. All Services are provided “AS IS” and “AS AVAILABLE.”

All disclaimers apply equally to the Company, its affiliates, officers, employees, agents, contractors, licensors, suppliers, and representatives.

12. Medical Disclaimer

The content provided on the Company’s properties, services, videos, documents, sheets, and any related materials (including but not limited to text, graphics, images, and other media) is for educational and informational purposes only. It does not constitute medical advice, diagnosis, or treatment. Accessing, viewing, or using this content does not create a therapist–client, doctor–patient, or healthcare provider–patient relationship.

Always seek the advice of a qualified physician or other licensed healthcare professional with any questions you may have regarding a medical condition, and before beginning any exercise, wellness, or health program. Do not disregard, delay, or replace professional medical advice or treatment based on this content.

The information presented is based on the current state of medical research and/or the experience of the presenter. However, medical knowledge evolves, and the content may not be completely up to date, comprehensive, or applicable to your individual situation. It is your responsibility to consult with your healthcare provider before making medical decisions or taking action based on the information provided.

Neither the Company, its representatives, nor any presenters make any representations or warranties regarding the accuracy, completeness, timeliness, or suitability of the content. The Company and its affiliates are not liable for any errors, omissions, injuries, or outcomes that may result from the use or misuse of this information.

By accessing, downloading, or using this content, you agree to indemnify and hold harmless the Company, its owners, representatives, presenters, and affiliates from any and all claims, damages, liabilities, losses, costs, or expenses (including legal fees) arising out of or in connection with your reliance on, access to, or misuse of the content, and this obligation survives indefinitely.

USE OF THIS CONTENT IS AT YOUR OWN RISK. 

13. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, affiliates, successors, assigns, and each of their respective owners, directors, officers, employees, contractors, representatives, licensors, agents, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, damages, liabilities, losses, costs, judgments, settlements, and expenses of any kind (including, without limitation, reasonable legal and accounting fees) (collectively, “Claims”) arising out of or in any way connected with:

1. Your access to, use of, or misuse of the Company Properties or Services;

2. Any violation of these Terms and Conditions, Supplemental Terms, or any other applicable policies by You or any person accessing the Company Properties on Your behalf;

3. Any breach of any representation, warranty, or covenant made by You to the Company;

4. Your violation of any applicable local, provincial, federal, or international law, regulation, or third-party right, including but not limited to intellectual property, privacy, or proprietary rights; and

5. Any dispute between You and any third party arising out of or relating to Your use of the Company Properties or Services.

This indemnity shall survive in perpetuity and remain in full force and effect regardless of the termination, expiration, or suspension of these Terms and Conditions or Your use of the Company Properties. You agree that the Indemnified Parties shall have the sole right and discretion to control the defense, settlement, and resolution of any Claim subject to indemnification hereunder, at Your sole expense, and that You will fully cooperate with the Indemnified Parties in connection therewith.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

1. Exclusion of Damages. You agree that in no event shall the Company or the Indemnified Parties be liable to You or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities, whether arising under contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.

2. Cap on Liability. Without limiting the foregoing, You agree that the aggregate liability of the Company and the Indemnified Parties for any damages, losses, or causes of action shall not exceed the total amount actually paid by You to the Company for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to liability (or, if no fees have been paid, CAD $100).

3. Sole Remedy. Your sole and exclusive remedy for any dissatisfaction with the Company Properties or Services is to stop using them.

​

15. Relationship Between Indemnity and Limitation of Liability

Notwithstanding anything to the contrary in this Agreement:

• The indemnity obligations in Section 13 are separate from, and in addition to, the limitations of liability in Section 14.

• The indemnity obligations survive termination in perpetuity, while the limitation of liability provisions apply to any and all claims asserted against the Company or the Indemnified Parties.

• In the event that a court of competent jurisdiction finds that You are entitled to damages despite these limitations, such damages shall be strictly capped as described in Section 14.2.

16. Testimonials and Reviews

The Company’s websites, services, and other Company Properties may contain testimonials, reviews, or other statements provided by third parties, including customers and users of the Services (collectively, “Testimonials and Reviews”). Testimonials and Reviews reflect the personal opinions, findings, experiences, or views of the individuals who provide them. They do not represent the views, opinions, or endorsements of the Company, its owners, affiliates, or employees.

You acknowledge and agree that:

1. Third-Party Content: Testimonials and Reviews are submitted by individuals or entities who are unrelated to the Company. The Company does not independently verify, endorse, or guarantee the accuracy, reliability, or completeness of any such content.

2. Lack of Control: The Company does not generally control or pre-screen the content of Testimonials and Reviews and, in most cases, does not control when, how, or by whom such content is posted. Testimonials and Reviews may be hosted by third-party platforms over which the Company has no control.

3. Disclaimer of Liability: To the maximum extent permitted by law, the Company disclaims all liability and responsibility for any reliance you place on Testimonials and Reviews, including for any loss, injury, or damages arising out of or in connection with your use of or reliance upon such content.

4. No Warranty: Testimonials and Reviews are not intended to guarantee, represent, or warrant that you will achieve the same or similar results. Results vary from person to person depending on individual circumstances and factors beyond the Company’s control.

The Company reserves the right, but has no obligation, to monitor, edit, or remove any Testimonials and Reviews that it determines, in its sole discretion, may be unlawful, offensive, misleading, false, or otherwise inappropriate.

17. Termination

The Company may terminate or suspend your access to its content or Services at any time. You do not have the right to terminate this Agreement; your only remedy is to cease using the Company Properties and Services. The provisions of this Agreement remain in effect even after any termination, indefinitely. 

18. Dispute Resolution

Mandatory Informal Dispute Resolution. If you have a dispute with the Company arising out of or relating to this Agreement, you must notify us in writing with a description of the dispute. The Company will have 30 days to attempt to resolve the issue. If unresolved, either party may pursue resolution in the courts of Ontario.

19. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Ontario and Canada where applicable. By using the Company Properties, you attorn to the exclusive jurisdiction of the courts of Ontario.

20. Entire Agreement

This Agreement, together with any Supplemental Terms incorporated by reference, constitutes the entire agreement between you and the Company regarding the Services.

21. Changes to Terms

We may update these Terms at any time. Continued use of the Company Properties after changes constitutes acceptance of the new Terms.