Terms and Conditions of Use for Fit Minds Cognitive Health Products Inc. Products and Programs

This document outlines the terms and conditions upon which we supply our products and programs to you. Please read these terms and conditions carefully before using or downloading our products or programs.  You should understand that by purchasing, downloading, and/or using any of our products or programs, you agree to be bound by these terms and conditions.

 

If you do not accept and comply with these terms and conditions, you may not use the products or programs. Instead, you should return them to Fit Minds Cognitive Health Products Inc., within 30 days from the date of purchase for a refund or credit.

 

Information about us

Fit Minds Cognitive Health Products Inc. is federally incorporated company in Canada with the registration number 80583 6467. The registered office is located at 1798 McCallum Drive, Orleans ON K4A 3T2.

 

Our products and programs

The products and programs provided by Fit Minds Cognitive Health Products Inc. to you are provided under the terms of a single site use licence. The products and programs are protected by copyright, trademark, patent and/or other applicable laws. Any use of the products and programs other than as authorized under these terms and conditions or applicable laws is prohibited.

Fit Minds Cognitive Health Products Inc. is providing to you the following programs:

  1. The Interact® Group Program, accessed online and the Interact® Kit, and /or
  2. The Fit Minds Stay Sharp™ Group Program, accessed online and the Stay Sharp Kit.
  3. The Fit Minds® Training Programs, accessed online, and
  4. The Fit Minds® Cognitive Coach Certification Course and the Interact Platform.

By using the products and programs, you accept and agree to be bound by these terms and conditions.

 

License Grant

Subject to these terms and conditions, Fit Minds Cognitive Health Products Inc. hereby grants you a royalty-free, non-exclusive, non-transferable license to use the Fit Minds® Products and Programs in your institution.

The Fit Minds® Products and Programs provided to you under this agreement are to be used solely within your institution by a licensed Fit Minds Cognitive Coach, except for products purchased for re-sale by you and delivered to your customers. You are not permitted to change the layout of any of the copyright materials provided within the programs without prior agreement from Fit Minds Cognitive Health Products Inc. and will not copy, rent, lease, lend, reverse engineer, disseminate or distribute the Fit Minds® Products and Programs without the express written permission of Fit Minds Cognitive Health Products Inc.

You may use the Fit Minds Stay Sharp™ Group program and Kit and the Interact® Group Program and Kit for the provision of cognitive coaching in individual or group settings within the location for which you have purchased and been invoiced for the program.

 

Ownership of Intellectual Property

Fit Minds Cognitive Health Products Inc. is the owner or licensee of all intellectual property rights in the Fit Minds® Products and Programs.  All such rights are reserved.

 

Representations, Warranties and Disclaimer

Unless otherwise mutually agreed to by the parties in writing, or as provided in applicable laws, Fit Minds Cognitive Health Products Inc. offers the products and programs as-is and makes no representations or warranties of any kind concerning them, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.

Specifically, Fit Minds Cognitive Health Products Inc. DOES NOT claim that this product will cure Alzheimer’s disease or other forms of dementia.

 

Limitation on Liability

Except to the extent required by applicable law, in no event will Fit Minds Cognitive Health Products Inc. be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the Fit Minds® Products and Programs, even if Fit Minds Cognitive Health Products Inc. has been advised of the possibility of such damages. Any liability will be limited to the purchase price of the product and/or program.

 

Termination

This license is granted for one year and will automatically renew unless either party gives written notice 30 days prior to the end of the license. Upon termination of the license, you will provide written confirmation that you have deleted the downloaded content from the online training programs and program delivery portals. The rights granted hereunder will terminate automatically upon any breach by you of the terms of this license. Sections 4, 5, 6 and 7 will survive any termination of this license.

 

Miscellaneous

No term or provision of this license shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by Fit Minds Cognitive Health Products Inc.

 

Fit Minds Cognitive Health Products Inc. reserves the right to release products and programs under different license terms.

 

These terms and conditions constitute the entire agreement between the parties with respect to the products and programs licensed here. Fit Minds Cognitive Health Products Inc. shall not be bound by any additional provisions that may appear in any communication from you.