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OVERVIEW
This website is operated by BoomerangFX. Throughout the site, the terms “we”, “us” and “our” refer to BoomerangFX. BoomerangFX offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
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 Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – 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.
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. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit [LINK TO RETURN POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, 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.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – 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 to be 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 e-mail 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.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see [LINK TO PRIVACY POLICY]
SECTION 11 – 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 product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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.
SECTION 12 – 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.
SECTION 13 – DISCLAIMER OF WARRANTIES; 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.
In no case shall BoomerangFX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless BoomerangFX and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – 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.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us 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.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. 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.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Our contact information is posted below:
BoomerangFX
[email protected]
6701 Financial Drive, Suite 200, Greater Toronto, Mississauga, ON L5N 717
1 (866) 694-2998
BoomerangFX
This Privacy Policy explains how BoomerangFX(“Company”, “we”, “us” or “our”) collects, uses and discloses your personal information. If you have any questions about this Privacy Policy, or regarding our privacy practices, please contact your physician or one of our staff.
We collect the following personal information:
We may collect other information that you choose to provide to us, or that we collect with your consent.
We use personal information:
We may use personal information for other purposes with your consent or as permitted or required by law.
When and to whom do we disclose personal information?
Disclosure for health care: Relevant health information may be shared with other professionals involved in your care, including other physicians and specialists, pharmacists, lab technicians, nutritionists, physiotherapists and occupational therapists. By virtue of seeking care from us, your consent for your information to be used by the Company to provide you with care, and to share your information with other providers involved in your care, is implied.
Service providers: We may transfer (or otherwise make available) personal information service providers (including affiliates acting in this capacity) who perform services on our behalf. For example, we may use service providers to store and process patient records, provide back-up, process payments, or provide data analytics and marketing services. Personal information may be maintained and processed by our service providers in the US, Canada or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own purposes.
Business transactions: In the event that the Company is sold, we may transfer your personal information to the purchaser. If we do so we will ensure that your medical records are transferred in accordance with legal, regulatory and professional obligations.
Disclosures authorized or required by law: There are limited situations where we are legally required or authorized to disclose your personal information without your consent. These situations include billing provincial health plans, reporting infectious diseases and fitness to drive, or by court order.
Disclosures with consent: We may disclose your personal information in other circumstances with your consent. For example, you may request that we share information with your insurer for insurance reimbursement purposes.
You can withdraw your consent to have your information shared other health care providers or other parties at any time, except where the disclosure is required by law. To withdraw your consent, please contact your physician who will inform you of any consequences of withdrawing your consent.
Our Website
We collect certain information automatically when you visit our website that links to this Privacy Policy.
We collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity and to improve our Website.
Our Website uses a technology called “cookies”. A cookie is a tiny element of data that our Website sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user when they return. We use cookies to remember your preferences and to authenticate you. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our Website, you may not be able to take advantage of all of the Website features.
We may use third party service providers like Google Analytics to collect information about your use of the Platform, such as the features used and time spent on the Platform, to help us better understand our users and improve our Platform. The information we gather is used in an aggregate, non-identifiable form. For information about information is processed in connection with Google Analytics please read the Google Analytics Policy here.
Our Website may contain links to other websites that we do not own or operate. We provide links to third party websites as a convenience to the user. We do not have any control over these websites and they are not subject to this Privacy Policy. We encourage you to read the privacy policy of every website you visit.
How do you access the personal information held by this office?
You have the right to request access to or obtain a copy of your record in a timely manner. If you request a copy of your record, that will be arranged at a reasonable cost. If you want to view the original record, one of our staff must be present to maintain the integrity of the record, and a reasonable fee may be charged for this access where permitted by law. Patient requests for access to the medical record must be made writing to the responsible physician at the office address. Please note that there are limited circumstances where access to information in your medical record must or may be denied.
What if you feel your record is not accurate?
We make every effort to ensure that all of your information is recorded accurately. If an inaccuracy is identified, you can request that it be corrected. If we do not agree that the information is inaccurate, we will nevertheless make a note of your position in your file.
How secure is your information?
Safeguards are in place to protect the security of your information. These safeguards include a combination of physical, technological and administrative security measures that are aimed at protecting personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Please note, however, that while we believe our security measures are appropriate, no security measures can guarantee absolute security of information.
How long do we keep information?
Patient records are maintained at our offices or on our servers (or those of our service providers) and will be accessible by authorized Company staff who have a “need to know” for the purposes described in this Privacy Policy.
We retain patient records as required by law and professional regulations. When information is no longer required, it is destroyed in a secure manner, according to set procedures that govern the storage and destruction of personal information.
How can you contact us?
Please contact your physician or any member of our staff if you would like to:
BoomerangFX
It is BoomerangFX’s policy to respect and protect the privacy of our customers and the users of www.boomerangfx.com (hereinafter, the “Site”). Through this Internet Privacy Statement, we want to reassure users of the Site that we will not sell, share, or rent user information to others in a manner different than as set forth in this Internet Privacy Statement.
Information Collection
BoomerangFX collects information from the users of the Site at several different points on the Site. For example, we collect and/or request information when a user:
1) Submits the “Ask Us a Question” or “Book Appointment” forms on the www.boomerangfx.com Site
2) Sends an E-mail to one of the email accounts listed on the “Contact Us” page
In order to fulfill the requests of Site users in the above instances, the user may be requested to provide contact information. If we have trouble processing an appointment request, question or e-mail, this contact information will be used by BoomerangFX to contact the user.
Gathering and Sharing of Information, Links to External and Co-Branded Websites
We monitor traffic patterns on the Site and gather broad demographic information for aggregate use to analyze trends and administer the Site in order to improve its layout and design and to permit Site personalization and streamlining to create the best experience we can for our users. In order to perform analysis permitting such personalization and improvement of site design and user experience, we may employ suitable third parties with whom we share the information necessary to accomplish these objectives. These statistics include no personally identifying information.
Where appropriate, we share aggregated statistical information with our business partners. These statistics include no personally identifying information.
Additionally, we provide Site users with BoomerangFX’s approved unique offers or services which may be of value to our users. In such instances, we will use a user’s name and address with to notify the user of the unique offer or service. We will not share a user’s contact information with third parties and you will always be provided with the opportunity to unsubscribe from any such list.
We may provide personal identifying information in special cases such as enforcement of our Terms of Site Use, or as required by law or legal process to protect and defend the rights and safety of our Site and its users. This includes exchanging information with other companies for purposes of fraud and credit risk reduction.
Our Site also contains links to external Internet sites, which may be operated by an external party and they may have privacy practices that differ from those here at www.boomerangfx.com. When you click on links that take you to such external sites, you will be subject to their privacy policies, and we encourage you to become familiar with that party’s privacy policies as these may differ from those utilized on our Site. Please note that this privacy statement applies solely to information collected by BoomerangFX on our Site and, while we strongly support the protection of privacy on the Internet, we cannot be responsible for the privacy practices of other Websites, uses of the information collected by other Websites, or the content of those other Websites.
Consent
By using our Site, the user agrees to the terms and conditions set forth in this Internet Privacy Statement and the Site Terms of Use INCLUDING ALL LIMITATIONS OF DAMAGES PROVISIONS which are an integral part hereof and the user consents to the collection and use of this information by BoomerangFX as disclosed in this Internet Privacy Statement. We may revise this Internet Privacy Statement or the Site Terms of Use at any time by updating these postings. By using this Site you agree to be bound by any such revisions in effect at the time of use and should therefore periodically visit this page and the Site Terms of Use page to determine the then current policies applicable to users of the Site.
Security Information
Strong precautions are taken to protect the information of the users of our Site. When users submit sensitive information via the Site, that Information is protected both online and off-line.
While we use encryption to protect user information online, we also protect user-information off-line. All of the information of our Site’s users is maintained in a restricted section in our offices. Only those of our employees who need the information to perform a specific job (for example, our account or customer service representatives) are granted access to personally identifiable information. Furthermore, our employees are kept up-to-date on our security and privacy practices.
If you have any questions about the security at our Site, you can send an e-mail to [email protected].
Cookies
Cookies are routinely used by most websites including BoomerangFX’s. A cookie is a piece of data stored on a user’s hard drive through the Web browser program containing information about the user which enables us to track and personalize the Site to enhance your experience. For instance, by setting a cookie on our Site, we can provide you with storage of personal preferences between visits. However, if a user rejects the cookie, they may still use our Site although we will be unable to provide our users with the personalized experience we can offer using the cookie data.
At BoomerangFX, we leverage cookie based technology to group users into re-marketing audiences who have expressed an interest in our procedures by accessing key pages throughout our website. We do not collect any personally identifying information with this cookie. Audience members may be shown BoomerangFX text and/or image ads on any 3rd party Internet sites and social media for a limited period of time. Visitors may opt out from receiving Interest-Based re-marketing here.
If you have any questions about the security at our Site, you can send an e-mail to [email protected].
Surveys & Contests
From time-to-time we may request information from the users of the Site via surveys or contests. Participation in these surveys or contests is completely voluntary, and the users of the Site have a choice whether or not to disclose this information. Information requested may include contact information (such as your name and shipping address), and demographic information (such as zip code, age level, etc.). We use such information to notify contest winners, award prizes, and for analyzing the Site traffic to improve the user’s experience on the Site.
Special Offers, Account Updates and Opting Out
BoomerangFX occasionally sends our customers and the users of the Site announcements and updates, which contain important information about the Site and service offerings which we believe to be of value to our customers and users. In order to do this, we may enhance or merge the information we collect on the Site with data from third parties for purposes of marketing products or services to our customers and users.
We may communicate with the users of the Site via e-mail, telephone, mail, or fax in order to provide requested services, content, product information, notification of special offers, or in regard to customer service issues relating to an account. The users of the Site are always given the opportunity to ‘opt-out’ of having their online information used for purposes not directly related to the Site at the point at which we ask for the information or when they receive an online requested promotional communication.
For example, our e-mail messages have an “unsubscribe” feature for users of the Site that don’t want to be notified about special offers in the future. Users can simply “Reply” back to the e-mail message and type “unsubscribe” in the subject field. Upon receipt of the reply, we will remove that e-mail address from our e-mail list. If a user has more than one e-mail address, he or she should include the other addresses as well to ensure proper updating of their account information.
Website Privacy Policy
We understand and value your privacy. BoomerangFX does not sell or distribute contact information. All data collected through any website form is used only to provide you with better customer service.
Users of the Site can always update the personally identifying information that they have provided to BoomerangFX simply by e-mailing us at [email protected].
Date Updated: Nov 9 2021