Last Updated: December 20, 2023

The following terms of use constitute a legal agreement and are entered into by and between you and Medical Weight Management Centre of Canada Inc. ("MWM", "we", "us", "our"). The following terms of use, together with any other terms that are expressly incorporated by reference herein, (collectively, "Terms of Use") govern your access to and use of: (a) our online patient portal (the "Patient Portal") and our website www.mwmcc.ca (collectively, the "Website"), including any content, functionality and services offered on or through the Website; (b) any tools, resources, text, pictures, media, data, information and other materials or content (collectively, the "Content") contained on or provided through the Website; and (c) any other products or services provided by us to you, including the Health Services (defined below) on or through the Website ((a), (b), and (c), collectively, the "Offerings"). The terms "you" or "your" refer to the individual or entity browsing, installing, downloading, accessing or otherwise using our Offerings ("use" or "using" in these Terms of Use will mean any of the foregoing).

BY USING OUR OFFERINGS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE. BY USING OUR OFFERINGS, YOU REPRESENT AND WARRANT THAT YOU: (A) HAVE REACHED THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH MWM AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS; AND (B) ARE USING OUR OFFERINGS WHILE LOCATED IN CANADA. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE OUR OFFERINGS.

IF YOU ARE USING OUR OFFERINGS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.

These Terms of Use do not alter in any way the terms or conditions of any other agreements you may have with us in respect of any products, applications, services or otherwise.

  1. Changes to these Terms of Use and our Offerings
    1. Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time, so please come back to review them periodically. Your continued access to or use of our Offerings after any changes to these Terms of Use indicates your acceptance of such changes.
    2. We reserve the right to change our Offerings at any time, without notice to you. We may, at our discretion, suspend your access to or use of our Offerings or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; (iii) to address any emergency security concerns; (iv) to modify our Offerings; or (v) if required to do so by a regulatory authority or as a result of a change in standards of practice or a change in applicable law.
  2. Description of Health Services

    Our Offerings permit licensed physicians and dietitians (the "Health Professionals") to provide virtually delivered obesity treatment services as part of MWM's comprehensive, evidence-based behavioural and medical program for obesity. Your user journey may include services provided by the Health Professionals or other members of the MWM care team (collectively, the "MWM Team"): (a) directly booking consultations with the Health Professionals and providing background information about yourself to provide the MWM Team with the information they need to deliver services to you; (b) receiving consultations from the Health Professionals through one-on-one personalized virtual sessions; (c) receiving referrals for any required assessments or tests that will help inform your treatment journey; (d) having access to MWM's tools and resources to support you on your journey; (e) being prescribed medication by a Health Professional, if clinically appropriate for you; (f) ongoing communication between the MWM Team and your primary care provider; and (g) access to our online portal through the Website (collectively, the "Health Services"). All members of the MWM Team provide services that are appropriate to their training, experience, licensed scope of practice and credentials, as applicable. All Health Professionals are providing services as independent contractors to MWM and MWM is not carrying on the practice of medicine or dietetics.

    THE HEALTH SERVICES MADE AVAILABLE BY ACCESSING THE OFFERINGS ARE NOT EMERGENCY OR PRIMARY CARE SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR ATTEND THE NEAREST EMERGENCY ROOM.

    MWM has designed programs to provide you with sustainable and personalized treatment to help you discover your best weight (the "MWM Health Assessment™" and the "MWM Foundation Program™", or collectively the "Programs"). The Programs may include access to your Account through the Patient Portal, consultations with registered dietitians, referrals for required assessments or tests, tools and resources and regular contact with the MWM Team. You will have consultations with obesity trained physicians with access to your information and details regarding your progress in the Programs and who may provide feedback on your treatment plan and progress to your primary care provider. You do not need a referral from your primary care provider to enroll in the Programs, but you must have a primary care provider with whom we may communicate your progress.

    After completing the MWM Foundation Program™, you are eligible to receive ongoing support from the MWM Team through monthly ongoing support ("MWM Ongoing Support™"). The MWM Ongoing Support™ includes one check-in appointment per month with the MWM Team, and your journey is closely monitored and adjusted based on your evolving needs. You have access to the same experts and analysis that built your foundation for treatment as part of the MWM Foundation Program™ in the MWM Ongoing Support™ program. MWM strives to provide continuity of your care by making reasonable efforts to ensure services are provided through the same dietitian/physician team. Based on availability, volume and staff departures, we may need to provide care through other MWM dietitians or physicians, as applicable. All Health Professionals involved in your care have access to your medical record to ensure continuity.

    Weight management is a challenging journey and for some, despite their best efforts, they are not happy with the results. At MWM we are consistent in our messaging about the individual nature of weight management and the variable effects of treatment. We do not guarantee weight loss of any amount and will not issue refunds based on your expected results.

    Notwithstanding that MWM has designed and is the provider of the MWM Health Assessment™ and MWM Foundation Program™, all of the Health Professionals provide the Health Services personally in their capacity as an independent contractor to MWM. MWM is not a party to the physician-patient relationship, and is not authorized to, and does not, carry on the practice of medicine or the practice of dietetics.

  3. Payment and Service Rules
    1. Program Fees: The cost of the Programs is displayed on the website and during the checkout process. The MWM Foundation Program™ requires a minimum commitment of up to 12 months and you may not opt out until after the agreed upon time period. For Programs that do not require a minimum time commitment, you may choose to opt out of that program at any time and, at which time all future payments will be stopped. MWM provides you with invoices for the Health Services rendered upon payment processing through a third-party payment vendor. In consideration for MWM's provision of the Offering, you agree to pay the fees applicable to the MWM Health Assessment™, MWM Foundation Program™ or the MWM Ongoing Support™, as applicable (the "Fees"), in accordance with the invoice and payment terms set out therein. The Fees do not include applicable sales, use, gross receipts, value-added, GST or HST, personal property or other taxes. You will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges (including interest and penalties imposed thereon) on the transactions contemplated in connection with these Terms of Use, other than taxes based on the net income or profits of MWM. Unless otherwise determined by MWM, all dollar amounts relating to these Terms of Use will be in Canadian dollars. You must provide current, complete and accurate information for any billing relating to your Account. You must promptly update all information to keep the billing information relating to your Account current, complete and accurate (including changes in billing address, credit card numbers, or credit card expirations), and you must promptly notify us if your payment method is cancelled (e.g., for loss or theft). Changes to such information can be made by contacting MWM directly. If you fail to provide any of the foregoing information, you agree that we reserve the right to suspend your access to the Offerings until all due amounts are paid in full
    2. Refund Policy: Due to the resource allocation and planning required to deliver the Programs, payments made by you to participate in our Programs are non-refundable. Should you discontinue your membership part-way through the MWM Foundation Program™, any pending payments will still be processed as scheduled, and no refunds will be granted. We cannot tolerate or accept any type of chargeback from a credit card company or payment processor. Should a chargeback be placed on an authorized purchase, MWM will report the incident to the credit reporting agencies. Unfortunately, this appears as a delinquent payment and affects your credit score.
    3. Delinquent Payments: If payment is not received when due, we reserve the right to terminate your access to our Programs, as applicable. If you fail to make payments in a timely manner or voluntarily withdraw from the Programs, as applicable, you remain responsible for the balance owed until the full cost of the program is paid. We reserve the right to charge a late fee of 5% monthly on all balances more than 30 days overdue. You agree to reimburse MWM for collection or legal fees and expenses incurred resulting from default payments.
    4. Appointment Adherence: If you schedule a one-on-one appointment with a Health Professional and do not attend your appointment or arrive more than 15 minutes after your scheduled appointment time, you will be considered a "no-show". At MWM, the first "no-show" is forgiven. You will be able to re-schedule your appointment and continue to receive the remaining visits in your MWM Health Assessment™ or MWM Foundation Program™. For MWM Ongoing Support™, a forfeited appointment means the next month's appointment can be booked. Any subsequent no-show forfeits that appointment in the MWM Foundation Program™ series and this appointment will not be rescheduled with the applicable Health Professional.
    5. Pausing an Account: While we do not offer refunds, you can choose to pause your participation in the MWM Foundation Program™ for a period of time, if necessary. When you pause your account, your preauthorized payment will continue as planned, any scheduled appointments with our Health Professionals will be cancelled and you will continue to have access to the Patient Portal account. When you are ready to reactivate your account, we will resume your program activity where you left off. Members can pause their accounts for up to 12 months at which point you will be discontinued from the service.

    If you have any questions regarding the financial terms or if you wish to speak with a member of the MWM Team regarding financial or insurance matters, please contact us at info@mwmcc.ca.

    None of the Fees paid by you for the Programs are paid for or to access physician services. If you have any questions regarding the physician services made available through the Offerings, please contact us.

  4. Privacy

    You consent to MWM's collection, use, handling, and disclosure of your personal information, including personal health information ("Personal Information") in the manner described in our Privacy Policy, found at ("Privacy Policy").

  5. Third Party Content, Websites or Services
    1. Our Offerings may provide or publish links or access to third party content, websites or services. Likewise, we may allow you to access our Offerings from third party systems. MWM does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third-party content, websites or services are the property of their respective owners. MWM does not endorse any third-party content, websites, services or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Third party content, websites, services or systems are not under MWM's control, and if you choose to access any such content, websites or services, or to access our Offerings from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third-party content, websites, services or systems and agree to accept and comply with any such terms of use.
    2. Your interactions with organizations or individuals found on or through our Offerings, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between you and such organizations or individuals. You agree that to the fullest extent permitted by applicable law, MWM is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions.
  6. Your User ID and Account
    1. In order to access certain features within our Programs, you will be required to successfully sign up for a user account using the available interfaces within our Website (an "Account") and select a username and password login credentials (the "User ID"). You will keep your Account and User ID secure and will not grant access to or otherwise share your Account or User ID with any other person. You will immediately notify us at privacy@mwmcc.ca if you become aware of any actual or suspected unauthorized use of your Account.
    2. You must provide us with true, accurate, current and complete information relating to your User ID and Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to your Account and our Offerings. Your identification will be verified in order for the Health Professionals to comply with their professional obligations. We reserve the right to disable any User ID or Account issued to you at any time in our sole discretion. If we disable access to your Account or a User ID issued to you, you may be prevented from using or accessing our Offerings (or any portion thereof).
  7. Grant of Access to and Ownership of our Offerings

    Subject to these Terms of Use, we grant you a revocable, worldwide, non-exclusive, non-transferable, non-sublicensable and revocable right during the Term (as defined below) to access and use our Offerings, including to download and display local Content solely in connection with using our Offerings, in accordance with these Terms of Use. Neither these Terms of Use nor your use of our Offerings grants you ownership in our Offerings or the Content you access through our Offerings. These Terms of Use do not grant you any right to use MWM's trademarks or other brand elements. All right, title and interest, including intellectual property rights, in our Offerings and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of MWM (or our third-party suppliers, if applicable). Any use of third-party software provided in connection with our Offerings will be governed by such third parties' licenses and not by these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by MWM.

  8. No Reliance

    The Content on our Website is provided for general information purposes only. It is not intended to amount to medical advice on which you should rely unless a Health Professional specifically confirms otherwise during a consultation with you. Your use of our Offerings is at your own risk and neither MWM nor its parent, subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of our Offerings, except as otherwise provided under applicable law. All statements or opinions expressed in any third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. You acknowledge that you should not solely rely on the Content or the tools and resources made available to you through the Offerings, the MWM Foundation Program™ or MWM Ongoing Support™. The only medical or health advice made available to you through your use of the Offerings will be the personalized consultation and treatment made available to you by the Health Professionals, acting in their capacity as independent contractors.

  9. Disclaimer

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR OFFERINGS, ITS CONTENT AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH OUR OFFERINGS IS AT YOUR OWN RISK. OUR OFFERINGS AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE ARE MAKING NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WITH RESPECT TO OUR OFFERINGS, EITHER EXPRESS OR 6 LEGAL_1:77435690.7 IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

  10. Limitation of Liability

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, OTHER THAN AS IT RELATES TO SERVICES RENDERED BY HEALTH PROFESSIONALS, UNDER NO CIRCUMSTANCE WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS OR LICENSORS, OR ANY SUCCESSORS OR ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH MWM, THE "MWM PARTIES" ) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA UNDER ANY LEGAL THEORY, EVEN IF ADVISED OR HAD REASON TO KNOW THAT SUCH DAMAGES MIGHT OCCUR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, OUR OFFERINGS, EXCEED $100CAD.

  11. Indemnification

    To the maximum extent permitted by applicable law, you hereby defend, indemnify and hold harmless MWM Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of our Offerings.

  12. Geographic Restrictions

    MWM is based in Ontario in Canada. We provide our offerings for use only in Ontario, Nova Scotia, British Columbia or Prince Edward Island. Our offerings are not intended for use in any jurisdiction where its use is not permitted. We are relying on you to provide accurate information regarding your physical location when accessing the Health Services.

  13. Electronic Communications.

    When you create an Account, use or view our Offerings or send e-mails or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you through your Account accessed through the Website, by e-mail, or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    1. By creating an Account to access our Offerings, you acknowledge and agree that MWM may send you service-related e-mails relating to your Account, including service updates. These communications can be managed through user features made available through our Offerings from time to time. When you sign up to receive our Services or if we otherwise have your consent, we will collect and use your full name and email address to provide you with communications including information about MWM resources, services, offers, events and promotions. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You can unsubscribe at any time by contacting us using the contact information provided in the "Contact Us" section of our Privacy Policy found at . Please note that you may continue to receive transactional, informational or account-related communications from us even if you unsubscribe from marketing communications. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your mobile device number, email or mailing address so that you continue to receive all communications without interruption.
    2. By using our Offerings, you acknowledge and agree that MWM will be transmitting certain of your Personal Information, electronically. Please refer to our Privacy Policy for more information regarding the risks associated with the transmission of personal health information through unencrypted email communication.
    3. You acknowledge and agree that you are solely responsible for providing MWM with accurate contact information for the purposes of any electronic communications between us and you, including your mobile device number and email address.

  14. MWM Foundation Program™ Third Party Payment Processor

    You will provide MWM or, if applicable, a third-party payment processor (the "Payment Processor") with the information necessary to process a payment from you, including the billing information requested on the Offerings or the applicable Payment Processor's platform. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, if any, in addition to these Terms of Use. We are not responsible for any error by, or other acts or omissions of any Payment Processor. You may pay Fees by any manner then available on the Offerings or applicable Payment Processor's platform. By submitting your payment information to us or the Payment Processor, you authorize us or the Payment Processor to charge the applicable payment method at our or their convenience (but, in any event, within 30 days of credit card authorization). You represent and warrant that you will not use any credit card or other form of payment, unless you have all necessary authorization to do so. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment.

  15. Your Responsibilities

    You will not use our Offerings in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use our Offerings for any purpose other than to access and use our Offerings. Without limiting the generality of the foregoing, by accessing or using our Offerings, you will:

    1. use reasonable efforts to prevent unauthorized access to or use of our Offerings;
    2. promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your Account or User ID, including any loss, theft or unauthorized disclosure or use of your User ID or Account;
    3. not, and will not permit anyone else to:
      1. sub-license, sell, rent, lend, lease or distribute our Offerings or any intellectual property rights therein or otherwise make our Offerings available to others;
      2. disable, overly burden, impair or otherwise interfere with servers or networks connected to our Offerings (e.g., a denial of service attack), including by accessing or using our Offerings to permit timesharing, service bureau use or to commercially exploit our Offerings;
      3. use or access our Offerings in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of our Offerings or for any purpose or in any manner not expressly permitted in these Terms of Use;
      4. use our Offerings to create, collect, transmit, store, use or process any data, information, records or files that you load, transmit to or enter into, or that we collect from your access or use our Offerings: (A) that contains any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or data; (B) that you do not have the lawful right to create, collect, transmit, store, use or process; (C) that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
      5. attempt to gain unauthorized access to our Offerings, or bypass any measures we may use to prevent or restrict access to our Offerings, including by performing any vulnerability, penetration or similar testing of our Offerings;
      6. modify, reverse engineer, reverse assemble, disassemble or decompile our Offerings (or any part thereof) or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to our Offerings;
      7. access or use our Offerings for the purpose of building a similar or competitive product or service;
      8. violate the terms of use of any third-party website that is linked to our Offerings;
      9. remove or obscure any proprietary notices or labels on our Offerings, including brand, copyright, trademark and patent or patent pending notices; or
      10. encourage or engage in any other conduct that restricts or inhibits any other user's access or use of our Offerings, or which, as determined by us, may harm our Offerings or users of our Offerings or expose them to liability.

  16. Feedback

    You agree that any suggestion or idea provided by you outside of the context of your use of the Health Services (such suggestions or ideas, "Feedback") will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from and otherwise exploit and disclose to third parties the Feedback in any form, media or technology, whether now known or hereafter developed, and to allow others to do the same.

  17. Malicious Code and Security

    The downloading and viewing of Content is done at your own risk. You are responsible for implementing safeguards to protect the security and integrity of your computer system or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system or mobile device that may be necessary as a result of your use of our Offerings.

  18. Term and Termination; Survival
    1. These Terms of Use will commence on the day you first use our Offerings and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the "Term"). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through our Offerings. You may terminate these Terms of Use at any time and with immediate effect by contacting MWM and requesting that your account to be deleted or ceasing use of our Offerings; provided that the Health Professionals will have an obligation to retain records relating to the health services provided to you in accordance with applicable law and their professional obligations. For greater certainty, if you continue to use any portion of our Offerings that is publicly available after your completion of the MWM Foundation Program™ or these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
    2. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 3 (Payment and Service Rules), 4 (Privacy), 5 (Third Party Content, Websites or Services), 7 (Grant of Access to and Ownership of the Offerings), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), 16 (Feedback), 17 (Malicious Code and Security), 18(b) (Survival) and 20 (General Provisions).
  19. Additional Terms

    Your access to and use of certain functionalities provided in or through our Offerings may be subject to additional terms and conditions presented to you by MWM, our service providers or the Health Professionals. Such additional terms and conditions are incorporated herein by reference, and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply or except as otherwise provided in accordance with applicable law. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities. You agree to be bound by MWM's acceptable code of conduct policy in effect from time to time.

  20. General Provisions
    1. Choice of Law. Except where prohibited by applicable law, the parties hereby agree that their relationship and the resolution of any and all disputes arising therefrom, including any issues related to these Terms of Use, shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties hereby acknowledge that the services will be provided in the Province of Ontario and that the Courts of the Province of Ontario shall have exclusive preferential jurisdiction to entertain any complaint, demand, claim or cause of action whatsoever arising out of these Terms of Use. Except where prohibited by applicable law, the parties hereby agree that if either of them commences any such legal proceedings they will only be commenced in the Province of Ontario and hereby irrevocably submit to the exclusive jurisdiction of the Court of the Province of Ontario. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
    2. Entire Agreement and Interpretation. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website. In these terms "include" or "including" means including "without limitation".
    3. Waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
    4. Severability. If any term or provision of these Terms of Use is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.
    5. Assignment. You will not assign these Terms of Use to any third party without our prior written consent. Any assignment in violation of this Section will be void. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
    6. English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
  21. Contact

    If you have any questions or comments regarding these Terms of Use or have feedback, comments, requests for technical support and other communications relating to our Offerings please contact us at info@mwmcc.ca.