SolePath Terms and Conditions

Hold onto your hat, you are joining our community of those wanting to live with purpose and your SolePath record will be proudly displayed in the SolePath institute library of records. This is a public record.

And because it is sometimes a ‘real’ world, we need you to hold SolePath free from liability for actions or consequences resulting from the use of the information supplied.

Because this is a metaphysical and mystical process, we have found that there is only one opportunity to obtain your true and accurate SolePath personality profile.

We also have the usual business terms and conditions and privacy protection policy that everyone has to have on their website.

SOLEPATH provides access to this website and any related services provided hereon (the SolePath Online Services) subject to your compliance with these Terms and Conditions (“Terms and Conditions”). These Terms and Conditions constitute an agreement between you and SolePath (Agreement) that governs the relationship between you and SolePath with respect to your use of this website and the SolePath online services. Thus, it is important that you read carefully and understand these Terms and Conditions.

By accessing or using the site, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the SolePath Privacy Protection Policy and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you.

If you do not agree with these Terms and Conditions, please do not use this site.

SolePath reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this site following the posting of any changes will mean that you have accepted the changes.

Any special rules for the use of certain software and other items accessible on the SolePath site may be included elsewhere within the site and are incorporated into these Terms and Conditions by reference.

Trademark and Copyright Information

All material on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to SolePath and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of SolePath in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials. You may not engage in systematic retrieval of content from the site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from SolePath. SolePath neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with SolePath. The content is protected by copyright under Canadian and foreign laws. Title to the content remains with SolePath or its licensors. Any use of the content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SolePath. All rights not expressly granted herein are reserved to SolePath and its licensors. If you violate any of these Terms and Conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

Passwords

SolePath has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your SolePath passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your SolePath account and password; (3) promptly inform SolePath of any need to deactivate a password.

You grant SolePath and all other persons or entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the site. SolePath cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using SolePath tools and services.

 The Site Does Not Provide Medical Advice

The contents of the SolePath site, such as text, graphics, images, information obtained from SolePath licensors, and other material contained on the SolePath site (“content”) are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the SolePath site!

If the Content contained on this site contains medical or health sciences information, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader’s judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses should be made. Discussions, views, and recommendations as to medical procedures and products are the responsibility of the authors.

Reliance on any information provided by SolePath, SolePath employees, others appearing on the site at the invitation of SolePath, or other visitors to the site is solely at your own risk.

SolePath assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you.

Code of Conduct

The following rules, policies, and disclaimers shall govern and/or apply to your use of the SolePath Online Services on this website (including, without limitation, any bulletin boards, chat rooms, or other Online Services provided on this website).
We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of SolePath, or any person or property associated with SolePath, the SolePath Online Services, this website, or any other website in the SolePath family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.

You agree, by using this website and/or the SolePath Online Services, that: (1) you will not use this website or any of the SolePath Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the SolePath Online Services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the SolePath Online Services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm,  timebomb,  cancelbot,  trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the SolePath Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the SolePath Online Services.

Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless SolePath and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).

We reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.

Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the SolePath websites and any related SolePath Online Services (including bulletin boards and chat rooms).

SolePath Community and Member to Member Areas (“public areas”)

Voluntary disclosure of personally identifiable Information on bulletin Boards, chat rooms, and other interactive areas (collectively referred to as “Interactive Areas”). Subscribers and users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, email address) on the bulletin boards or chat areas of the site, that information, along with any substantive information disclosed in the subscriber’s or user’s communication, can be collected and correlated and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of SolePath and no warranties are made about the discoverability of subscribers’ identity by methods beyond our control.

If you use a public area, such as message boards, blogs, user reviews or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the public areas. SolePath and its licensors are not responsible for the consequences of any communications in the public areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the public areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a public area for any purpose in violation of local, state, provincial, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SolePath in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area or the site, or which, in the judgment of SolePath, exposes SolePath or any of its customers or suppliers to any liability or detriment of any type.

SolePath Reserves the Right (but is Not Obligated) to Do Any or All of the Following

1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions.
4. Terminate a user’s access to any or all public areas and/or the SolePath site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the public areas.
6. Edit or delete any communication(s) posted on the SolePath site, regardless of whether such communication(s) violate these standards.

SolePath or its licensors have no liability or responsibility to users of the SolePath site or any other person or entity for performance or nonperformance of the aforementioned activities.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the SolePath site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the SolePath Privacy Protection Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.

By uploading any media like a photo or video, (a) you grant to SolePath a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes SolePath to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify SolePath and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.

SolePath reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Disclaimer of Warranties and Liability

1. Use of and browsing in the site is done at user’s own risk. Neither SolePath nor any other party involved in creating, producing or delivering the site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the site, or downloading of any materials, data, text, images, video or audio from the site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.SOLEPATH has provided links and pointers to internet sites maintained by third parties (Third Party Sites) and may, from time to time, provide third party materials on this website. Neither SolePath, its parent or subsidiary companies nor their affiliates, operate or control in any respect any information, products, or services on these third party sites, the materials in this website and the third party sites are provided “AS IS” and “AS AVAILABLE” with no representations or warranties of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose and non-infringement. You assume total responsibility and risk for your use of this website and the SolePath Online Services.SolePath, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to this website, the SolePath Online Services or any third party sites, your sole remedy for dissatisfaction with this website, the SolePath Online Services and/or any third party sites is to stop using the website(s) concerned and/or those services. SolePath does not warrant that the functions contained in this website, the SolePath Online Services and/or any third party sites will be uninterrupted or error-free, that defects will be corrected or that this website or any third party sites or the servers that make them available are or will be free of viruses or other harmful components. SolePath does not warrant or make any representations regarding the use or the results of the use of the materials on this website, the SolePath Online Services or any third party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not SolePath) assume the entire cost of all necessary maintenance, repair or correction of any such materials.
2. The use of the SolePath site and the content is at your own risk.When using the SolePath site, information will be transmitted over a medium that may be beyond the control and jurisdiction of SolePath and its suppliers. Accordingly, SolePath assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SolePath site.Without limiting the foregoing, SolePath, its licensors, and its suppliers make no representations or warranties about the following:
   1. The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the SolePath site or SolePath.
   2. The satisfaction of any government regulations the approval or compliance of any software tools with regard to the content contained on the SolePath site.

   In no event shall SolePath, its licensors, its suppliers, or any third parties mentioned on the SolePath site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the SolePath site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SolePath, its licensors, its suppliers, or any third parties mentioned on the SolePath site are advised of the possibility of such damages. SolePath, its licensors, its suppliers, or any third parties mentioned on the SolePath site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. SolePath, its licensors, its suppliers, or any third parties mentioned on the SolePath site are not liable for any personal injury, including death, caused by your use or misuse of the site, content, or public areas (as defined below). Any claims arising in connection with your use of the site, any content, or the public areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

3. FOR THE AVOIDANCE OF DOUBT, SOLEPATH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL).

Links to Other Sites

The site may contain hyperlinks to other sites or resources that are provided solely for your convenience. SolePath is not responsible for the availability of external sites or resources linked to the site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of SolePath. Because SolePath is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the site

Systems Reliability

SolePath aims to keep the site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. SolePath shall not be liable for lost information or non-availability of the services.

Neither SolePath nor any of its affiliates or licensors shall be liable to you or anyone else for any loss or injury, caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering information through this site. In no event will SolePath, its affiliates or licensors be liable to you or anyone else for any damage (including, without limitation, consequential, special, incidental, indirect or similar damages) even if advised of the possibility of such damage.

Submitting material for publication on the site

Publication of any material you submit to SolePath will be at our sole discretion. SolePath reserves the right to make additions or deletions prior to publication, or to refuse publication, or at any time to exercise editorial control over the content of any information or material that is submitted or distributed through its facilities and/or services. SolePath reserves the right to remove your access to the site or any facilities and/or services on it if SolePath believes that you are abusing these in any way.

You grant SolePath a non-exclusive, perpetual, royalty-free, worldwide licence to republish any material you submit to SolePath in any format, including without limitation print and electronic format.

You may not use the services on the site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. You warrant that any material you submit to SolePath is your own original work and that you own the copyright and any other relevant rights.

You may not, without the approval of SolePath, use the site to publish or distribute any advertising, promotional material, or solicitation to other users of the site to use any goods or services. For example (but without limitation), you may not use the site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.

User Submissions

The personal information you submit to SolePath is governed by the SolePath Privacy Protection Policy. To the extent there is an inconsistency between this Agreement and the SolePath Privacy Protection Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the public areas (including blogs, message boards, etc.) that infringe or violate any rights of any party. By submitting communications or content to the public areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to SolePath by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party.

If you make any submission to a public area or if you submit any business information, idea, concept or invention to SolePath by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted SolePath a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SolePath may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the public areas or to SolePath by email. We try to answer every email in a timely manner, but are not always able to do so.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

Void Where Prohibited

Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. SolePath reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.

From time to time, SolePath may ask that you transmit to the site by electronic mail your feedback on SolePath’s products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by SolePath, (b) become the property of SolePath and SolePath shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by SolePath and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this site or otherwise. However, SolePath shall be under no obligation to respond to any such communication.

Notwithstanding the foregoing, SolePath maintains a long standing policy of not accepting or considering any creative ideas, suggestions or materials from the public (“Submissions”), and therefore, you should not make any Submissions to SolePath in any communications through this site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of SolePath and SolePath shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, SolePath shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. SolePath shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future SolePath uses or activities.

Making Purchases

If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. (Click here to see the SolePath Privacy Protection Policy.)

All offers set forth on the site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.

Litigation Issues

These terms and conditions shall be governed by and construed in accordance with the laws of Alberta and Canada exclusive of its choice of law rules. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in Alberta, Canada.

Miscellaneous

In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. SolePath may modify the terms of this Agreement by posting notice of such modification on the page of this website entitled “Legal Notices” or “Legal Information” (or similar title) before the modification takes effect.