Last Updated: October 31, 2015
EMFC further reserves the right to suspend the operation of this Site for support or maintenance work, in order to update the Materials and any other content, or for any other reason.
- You shall use the Site for lawful purposes only.
- You shall not post or transmit through the Site any information or material that violates or infringes in any way the rights of others, or that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
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Any conduct by you that, in EMFC’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
The Site contains information and material, including, but not limited to, text, software, photos, video, graphics and audio (collectively "Materials"), which are derived in whole or in part from information and materials supplied by EMFC and other sources (such as affiliated companies pursuant to licenses so such Materials may be used on this Site), and are protected by international copyright, trademark and other laws. EMFC owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content.
Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may print or download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution.
This limited authorization is not a transfer of title in the Materials and you acknowledge that you do not acquire any license, ownership or other rights to the Materials by using the Site.
Modification of the Materials or use of the Materials for any other purpose is a violation of EMFC’s or such other sources' copyright, trademark and other proprietary rights and may violate other laws.
For the avoidance of doubt, EMFC reserves the right to terminate access to this Site at any time and without notice.
Disclaimer; Limitation of Liability
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. UNDER THESE CIRCUMSTANCES, ALL OTHER EXCLUSIONS REMAIN IN FORCE.
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EMFC may provide, as a convenience to you, links to web sites operated by other entities and persons, but makes no representations whatsoever about any other web site you may access through this one. Any link to a non-EMFC web site does not mean that EMFC endorses or accepts any responsibility for the content or use of such web site.
If you use web sites that are linked to this Site, you do so at your own risk and responsibility. EMFC makes no warranty or representation regarding, and does not sponsor or endorse, any linked web sites or the information or materials appearing thereon or any of the products and/or services described thereon. Furthermore, linking to sites operated by other entities and persons does not imply that (1) EMFC is affiliated or associated with those entities or persons, or (2) any linked site is authorized to use any trademark, trade name, logo, or copyright of EMFC.
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available on the Site by any third party are those of the respective author(s) or distributor(s) and not of EMFC.
Limitation of Liability
Under no circumstances will EMFC, its parents, subsidiaries, affiliated companies, its suppliers or other third parties mentioned on the Site or involved in creating, producing, or delivering the Site, be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use, or the results of use of the Site any web sites linked to the Site, or any materials contained at any or all such Sites (including but not limited to those caused by, or resulting from, a failure of performance, error, omission, linking to other web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and whether or not EMFC was advised of the possibility of such damages.
EMFC shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.
EMFC’s obligations and responsibilities regarding its products and services are governed solely by EMFC’s terms and conditions of sale or license under which such products and services are sold or licensed.
Copies of such terms and conditions are available from EMFC or its affiliates.
Information Provided By You
It has been and remains EMFC’s policy not to accept or consider ideas, suggestions or materials other than those that EMFC has specifically requested from you. Accordingly, EMFC does not want you to, and you should not, send any confidential or proprietary information to EMFC through the Site unless specifically requested by EMFC. Please note that any unsolicited information or material sent to EMFC will be deemed not to be confidential or proprietary and you hereby waive any moral rights therein in favor of EMFC.
By submitting information and material to the Site, you automatically grant to EMFC (or warrant that the owner of such information and material has expressly granted to EMFC) a royalty-free, perpetual, irrevocable, unrestricted right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that EMFC is free to use any ideas, concepts, know-how, or techniques that you send EMFC for any purpose.
As further provided above, EMFC does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post, or otherwise make available on the Site, any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Linking to Site
If you wish to provide a hypertext or other link to this Site, please e-mail us with details of the URL(s) from which are you proposing to link to this Site and the URL(s) on this Site which you are seeking to link. EMFC may grant or deny your request at its sole discretion.
The Site is owned and operated by EMFC; however, the Site is hosted on servers by a service provider located in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local EMFC business contact in this regard. Furthermore, EMFC makes no representation that the Materials at the Site are appropriate or available for use from locations or territories where their contents are illegal or otherwise prohibited.
You may not use the Site or export information and Materials in violation of the export laws of the United States or any other country. You are responsible for compliance with all applicable laws regardless of where you access the Site.
If you have questions or complaints about this Site, please contact us as set out below:
Elements Massage Franchise Canada Ltd.
Attn: Legal Department
9092 S. Ridgeline Blvd., Suite A
Highlands Ranch, Colorado 80129