Website Terms and Conditions of Use
The Dexterity Professional Development Website Terms and Conditions of Use (“Terms and Conditions”) hereby incorporates by reference the Dexterity Professional Development Web Privacy Policy (“Privacy Policy”). Where any conflict between these two arises, the Terms and Conditions shall be deemed authoritative, unless specifically otherwise stated.
Terms. By accessing this website, you are agreeing to be bound by these Terms and Conditions, and applicable laws and regulations. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trademark law.
Limitation of liability. Dexterity Professional Development shall not be liable for any damages that result from the use of, or the inability to use, the materials on this site or the performance of the products or services available through this site, even if Dexterity Professional Development has been advised of the possibility of such damages.
Limitation of liability: course content. The content on the website, in any course, course download, or other supporting documents is provided for informational purposes only and is not intended to provide medical advice. The information, including suggested protocols, procedures, and techniques is understood to be information and not medical advice and the accuracy of such is not guaranteed and strictly disclaimed. The content is not a supplement or replacement to (a) a detailed and comprehensive assessment conducted by the therapist; (b) advice from a medical doctor or practitioner; and (c) any other limitation expressed by the patient, therapist, or otherwise. Neither Dexterity Professional Development nor the author/instructor of any course takes responsibility for any possible consequences from any treatment, procedure, exercise, action, or application of medicine that results from reading or following the information contained in any and all of the Dexterity Professional Development course offerings. The publication of courses and the contents therein does not constitute the practice of medicine or massage therapy, nor should they replace the advice of a healthcare provider. The therapist must conduct themselves according to the protocols and standards of procedures of their relevant regulatory body and/or association. Dexterity Professional Development training expects that all individuals who enroll in a course will have comprehensive and appropriate credentials to ensure the safety of their patients/clients and uphold the best care practices used within their profession. Any participant in any Dexterity Professional Development training must adhere to the professional policies within their jurisdiction, including all required prerequisites, entry-to-practice training, and postgraduate professional development.
Term; termination. These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or purchase process. These terms and conditions, or any part of them, may be modified by Dexterity Professional Development without notice at any time, for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of liability, Limitation of liability: course content, Indemnification and Miscellaneous, shall survive any termination. You can review the most current version of the Terms of Service at any time at this page. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Notice. Dexterity Professional Development may deliver notice to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Dexterity Professional Development.
Dispute resolution. Dexterity Professional Development is committed to the resolution of disputes through good faith negotiation, mediation and arbitration. In the event of any dispute over the use of this site or relating to any product or services provided through this site, you agree that (i) you will first attempt, in good faith, to resolve such dispute through direct negotiation for at least thirty (30) days following notice of the dispute; and (ii) in the event a dispute cannot be resolved during that time period, each party will submit the dispute to mediation by a mutually agreeable mediator in Toronto, Ontario, Canada. In the event of mediation, each party shall bear its own costs of such mediation, including its own legal fees and its equal share of mediator fees. The parties and their representatives shall hold the existence, content and result of the mediation in confidence. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, which cannot be resolved through negotiation or mediation shall be finally resolved by arbitration pursuant to the Arbitration Act (Ontario). The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Dexterity Professional Development course products) must be commenced within one (1) year after the claim or cause of action arises. Dexterity Professional Development’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Dexterity Professional Development may assign its rights and duties under this Agreement to any party at any time without notice to you.
Indemnification. You agree to indemnify, defend, and hold harmless Dexterity Professional Development, its officers, directors, employees, affiliates, agents, contractors, instructors, reviewers, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. In no case shall Dexterity Professional Development, its officers, directors, employees, affiliates, agents, contractors, instructors, reviewers, licensors and suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Use License. Permission is allowed to download one duplicate of course guide materials on Dexterity Professional Development’s site for individual and non-business use only. This is the just a permit of license and not an exchange of title, and under this permit you may not:
- modify or copy the materials;
- use the materials for any commercial use, or for any public presentation (business or non-business);
- attempt to decompile or rebuild any product or material contained on Dexterity Professional Development’s site;
- remove any copyright or other restrictive documentations from the materials; or
- transfer the materials to someone else or even “mirror” the materials on another server.
This permit might consequently be terminated if you disregard any of these confinements and may be ended by Dexterity Professional Development whenever deemed. After permit termination or when your viewing permit is terminated, you must destroy any downloaded materials in your ownership whether in electronic or printed form. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Docebo LMS. They provide us with the online e-commerce platform that allows us to sell our online courses to you.
Accuracy, completeness, and timeliness of information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. All course and course contents and/or materials are provided for educational purposes only and are not intended to be used as professional medical opinions or advice or in substitute to professional medical opinions or advice. Any recommendations in courses should only be followed where appropriate and/or modifications made where appropriate, by the skilled practitioner based on a comprehensive assessment of the unique circumstances of the individual patient/client as deemed fit by the requirements of the profession. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site and/or course content. We will make best efforts to review and update course contents on a biannual basis, but are in no way bound or obligated to do so. You agree that it is your responsibility to monitor changes to our site and/or course content. The materials showing up on Dexterity Professional Development’s site could incorporate typographical, or photographic mistakes. Dexterity Professional Development does not warrant that any of the materials on its site are exact, finished, or current. Dexterity Professional Development may roll out improvements to the materials contained on its site whenever without notification. Dexterity Professional Development does not make any dedication to update the materials.
Errors, inaccuracies, and omissions. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to course descriptions, course content, pricing, promotions, and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Refunds and exchanges. If a course was purchased in error, a refund or exchange for a different course may be possible, to be determined on a case-by-case basis, provided that notification is received at customercare@dexteritypd.com within 24 hours of purchase. No refund or exchange will be issued where a course purchased in error has been started and advanced past the Course Guide page.
New features. We may in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
User comments, feedback and other submissions. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal information. Your submission of personal information through the store is governed by our Privacy Policy.
Prohibited uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranties and limitation of liability. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Entire agreement. The failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Contact Information. Questions about the Terms of Service should be sent to us at customercare@dexteritypd.com.
Canadian dollars. All funds are taken in CAD unless otherwise stated.
