Welcome to pushmarakhm.com (the ‘site). This website is owned and operated by Yoga Belly inc., operating as PUSH Markham (“we,””us,” or”our”), located in Markham Ontario, Canada.
By accessing, browsing or otherwise using this Site, you acknowledge that you have read, understood, and agree to be bound by these Website Terms and Conditions. If you do not agree with all the terms, you are expressly prohibited from using the Site and must discontinue immediately.
- Agreement to Terms. These Website Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and PUSH Markham concerning your access to and use of the pushmarkham.com website as well as any related media forms or integrated links (such as booking or scheduling tools)
- Intellectual Property Rights Ownership: Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us. They are protected by Canadian copyright and trademark laws and international conventions. Permitted Use: The Content and Marks are provided on the Site “AS IS” for your information and personal, non-commercial use only. Except as expressly provided in these Terms and Conditions, no part of the Site or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or licensed for any commercial purpose whatsoever without our express prior written permission
- User Representations and Prohibited Activities. By using the Site, you represent and warrant that you have the legal capacity to comply with these Terms and Conditions. You further agree not to access or use the Site for any purpose other than that for which we make it available. Prohibited activities include, but are not limited to:
- Systematically retrieving data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us (scraping or data mining).
- Circumventing, disabling, or otherwise interfering with security-related features of the Site.
- Engaging in unauthorized framing of or linking to the Site.
- Trickin’, defrauding, or misleading us and other users, especially in any attempt to learn sensitive account information.
- Using the Site or our Content as part of any effort to compete with us or using the Site for any revenue-generating endeavor or commercial enterprise not explicitly authorized.
- Uploading or transmitting viruses, trojan horses, or material that interferes with any party’s uninterrupted use and enjoyment of the Site.
- Third-Party Websites and Content. The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) or articles, photographs, text, graphics, designs, applications, software, or other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.
- Disclaimer of Warranties. The Site is provided on an as-is and as-available basis. You agree that your use of the Site and services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to this Site.
- Limitation of Liability. To the maximum extent permitted by Canadian law, in no event will PUSH Markham, Yoga Belly Inc., its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.
- Indemnification. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Site and/or breach of these Terms and Conditions.
- Governing Law and Jurisdiction. These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal action or proceeding relating to these terms shall be brought exclusively in the courts located in Ontario, and you consent to the personal jurisdiction of such courts.
- Changes to These Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions. Your continued use of the Site after the date such revised terms are posted will constitute your acceptance of the changes
- Contact Information. If you have any questions or concerns regarding these Terms & Conditions, please contact pushmarkham@gmail.com
