Last Updated: May 1, 2017.
League, Inc. (“League”) provides an online platform that connects you (“you” or “You”) to various health and wellness service providers or clinics (“Service Provider(s)”) so that Service Providers can offer you various services (collectively “Services”). The online platform may also be used by you or your employer to administer various types of employee benefit plans.
PLEASE TAKE THE TIME TO READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION AFFECTING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THIS INCLUDES, AMONG OTHER IMPORTANT PROVISIONS, VARIOUS LIMITATIONS ON YOUR RIGHTS, TERMS REGARDING THE USE OF PERSONAL INFORMATION, LIMITATIONS ON THE LIABILITY OF LEAGUE, OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, AND A CLAUSE GOVERNING THE JURISDICTION AND VENUE OF ANY DISPUTES.
PLEASE NOTE: LEAGUE IS NOT TO BE USED FOR LOCATING MEDICAL ASSISTANCE IN AN EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 9-1-1 OR GO IMMEDIATELY TO YOUR NEAREST HOSPITAL.
The Services and the League Applications are only intended for users who are at least 18 years old. When you click the “I AGREE” button below, you agree that you are at least 18 years old.
- Services. Through the League Applications, you will be able to access health and wellness Services offered by third party Service Providers. These Service Providers may include dieticians, physiotherapists, and personal trainers, and others. These Services may be discovered and requested through use of the League Applications. If your employer has a spending account, through the League applications, you will have direct access to your spending account dollars to pay for Service Providers or, depending on the employer’s plan, get reimbursed for out of network service providers and other products covered under your employer’s spending account or benefit plan.
- No Doctor-Patient Relationships. You acknowledge and agree that although some of the materials and content that is provided to you through the League Applications (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession, the provision of such information does not create a doctor-patient relationship or other medical professional/patient relationship between you and League, and does not constitute an opinion, medical advice, diagnosis or treatment, but is provided to assist you with locating medical services from a doctor, dietician, personal trainer or other healthcare or wellness Service Provider.
- Your Choice of Service Providers. League takes reasonable steps to require that all Service Providers possess and continue to possess the necessary licenses, training, certifications, educational background required to perform the services offered, advertised, or provided by the Service Provider, but League does not verify such information in the ordinary course. Service Providers complete, and are entitled to keep up-to-date, their practice profiles that may be accessed through the League Applications. The information in these Service Provider profiles may become dated, or otherwise be inaccurate, and League does not take responsibility for ensuring their content, accuracy or completeness. League does not in any way endorse or recommend any Service Providers, individuals, entities, products or devices listed, marketed or otherwise accessible through the league applications and league takes no responsibility for the content, accuracy or completeness of any reviews of Service Providers accessible through the League Applications or otherwise. You are ultimately responsible for selecting your own Service Provider, and you are encouraged to discuss and verify any credentials or profile information directly with them.
- Service Efficacy. Not all the available services provided by Service Providers through the League Applications will be appropriate for you, and therefore League makes no claims about the efficacy of any particular service. League offers no guarantees, representations, conditions or warranties, whether express or implied, with respect to the professional qualifications, expertise, quality of work, price or cost information, or any other information or Services made accessible through the League Applications.
- Parties. This Agreement is between you and League only, and not Apple, Inc. (“Apple”) or any other party or Service Provider with whom you interact or receive services from using the League Applications. League, not Apple, is solely responsible for the League Applications and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.
- Your Responsibilities.
At all times you must comply with all the terms of this Agreement, including the following (which constitutes a “League Code of Conduct”):
- The safety of every Service Provider and user of the League Applications (a “Member”) on the League platform is of utmost concern. This League Code of Conduct exists so that both Service Providers and Members have a shared and understood standard for safety, accountability, mutual-respect and common-courtesy.
- League maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse. It is unacceptable to refuse to provide or accept services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable provincial, federal or state law. This type of behaviour can result in permanent loss of access to the League Applications. League expects that all Service Providers and Members will treat one another with respect and courtesy during all interactions, in-person or otherwise, including being on-time for all scheduled appointments.
- You may not submit, post, send, use, share, provide, transmit, or display spam, unsolicited messages or any violent, discriminatory, illegal, infringing, hateful, pornographic, obscene or sexually suggestive photos or other Content (as defined below) via the League Applications.
- You are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license or assign your account, followers, username, or any other account rights. Further, you may not access or provide to others access through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You are responsible for all use of the League Applications and for all use of your credentials, including use by others to whom you have given, or made available, your credentials.
- You are responsible for and will comply with all applicable laws (including privacy and anti-spam laws) in your jurisdiction.
- You agree that you are responsible for the information presented in your posts or comments on the League Applications and that such information will be truthful and accurate.
- You agree that you will keep your username, password, and other login codes or credentials safe and secure.
- You agree that you are responsible for all data charges you incur through the use of the League Applications.
- You understand and agree that League is not responsible for the materials posted or otherwise provided by Service Providers or other League Members on or through the League Applications and that you use the League Applications and all materials at your own risk.
- You are solely responsible for your interaction with other users and Service Providers found using the League Applications, whether online or offline. You agree that League is not responsible or liable for the conduct of any Service Provider or any other member of League. League reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users, Members or Service Providers.
If you violate any of the rules in this League Code of Conduct, League may take appropriate action, including suspending your ability to use the League Applications.
- Content License From You. You hereby grant to League a transferrable, sub licensable, royalty free, irrevocable, perpetual right and license to use, copy, distribute, display, modify and create derivative works of the Content for the purpose of the provision, administration and promotion of the League Applications (the “License”), but excluding non-public messages you send through League to another League user. You represent, warrant, and covenant and can demonstrate to League’s full satisfaction upon request that you (a) own or otherwise have the right to grant the License or that the Content is in the public domain worldwide, (b) any Content you submit, post, use, share provide, transmit, or display on or through the League Applications does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”), (c) agree to pay for all royalties, fees, remuneration, and any other monies due or payable arising from any use of the Content or the exercise of the License by League or third parties on or through the League Applications, (d) have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (e) have the legal right and capacity to grant the License to League. You agree to waive any moral rights worldwide you may have in the Content for the purposes of the League Applications.
- License To You. League grants to you a limited, non-exclusive, non-transferrable, revocable license to use the League Applications solely in accordance with the terms of, and for the purposes set out in, this Agreement. If using the League Applications on an Apple device, you may only use the League Applications on a compatible Apple device that you own or control, and as permitted by all rules, terms or policies set forth in the Apple App Store Terms of Service or which are otherwise applicable to your use of such device. The terms of this Agreement will govern any update or upgrade provided by League that replaces and/or supplements the original application or website (all of which together are included in the “League Applications”), unless such update or upgrade is accompanied by a separate license in which case the terms of that license will govern. This license does not allow you to use the League Applications on any Apple device that you do not own or control, and except as provided in the Apple usage rules, you may not distribute or make the League Applications available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the League Applications and, if you sell your Apple device to a third party, you must remove the League Applications from the Apple device before doing so. You agree not to copy (except as expressly permitted by this license and the Usage Rules), decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the League Applications, or any part thereof. You may use any materials provided to you as part of the League Applications solely in connection with your use of the League Applications in accordance with any rules made available by League from time to time.
- Intellectual Property Rights. You do not acquire hereby any Intellectual Property Right in or relating to the League Applications or any materials you access or use through the League Applications. The League Applications contains materials owned or licensed by League. As between you and League, League owns and retains all rights in the materials and the League Applications. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying materials or the League Applications and agree not to not use, copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the materials, except in connection with using the League Applications.
- Booking Services. League facilitates your booking of appointments with Service Providers. League has no control over, and cannot guarantee, the availability of any Service Provider at any particular time. LEAGUE WILL NOT BE LIABLE FOR CANCELLED OR OTHERWISE UNFULFILLED APPOINTMENTS, OR ANY DAMAGES OR INJURY RESULTING THEREFROM.
- Payment. Your use of the League Applications is, as of the effective date this Agreement becomes effective, free of charge; however, League reserves the right to introduce a fee for the use of the League Applications upon no less than 30 days’ notice.
- Cancellation Policy. Cancellation policy may be set by Service Providers and late cancellation fees may apply if so mandated by Service Providers. League will be responsible for processing refunds in the event of a cancellation by you only in accordance with Service Provider’s directions.
- Operation of Service. League reserves the right to change, suspend, remove or disable access to the League Applications and any Content for any reason, including but not limited to complaints or allegations of infringement or other unlawful conduct, or your violation of the League Code of Conduct or any other term of this Agreement, without liability to you, and at any time without notice.
- No Liability for Conduct of Service Providers. League bears no liability for any Services provided by any of the Service Providers, organizations, entities, individuals or users, and makes no stipulation whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between you and any Service Provider(s).The parties hereto acknowledge that you may enter into agreements or provide waivers to Service Providers (“Customer Agreements”) in connection with, or as a condition to, your receipt of the Services. You will comply with the terms of any such Customer Agreements. League will have no liability for any breach of a Customer Agreement.
- No Special Relationship or Fiduciary Duty. You acknowledge that League has no special relationship with, or fiduciary duty to, you. You also acknowledge that League has no control over, and no duty to take any action regarding which users gain access to the League Applications, what content you access via the League Applications, what effect the Content and information received from the League Applications will have on you or others, or how you may interpret or use the content of the League Applications.
- Warranty. You expressly acknowledge and agree that use of the League Applications is at your sole risk and that the entire risk to satisfactory quality and performance is with you. The League Applications are provided on an “as is” basis. As such, League disclaims all warranties, representations and conditions, whether express or implied, statutory or otherwise about the League Applications to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, League, not Apple, will be solely responsible for such warranty.
- Apple's Limitations. In the event of any failure of the League Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the League Applications to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the League Applications. In the event of any third party claim that the League Applications or your possession and use of the League Applications infringes that third party’s intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Maintenance and Support. You acknowledge that League has no obligation to furnish any maintenance and support, except where required by law. To the extent that any maintenance or support is required by applicable law, League, not Apple, shall be obligated to furnish any such maintenance or support.
- Product Claims. League, not Apple, is responsible for addressing any claims by you relating to the League Applications or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the League Applications fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
- Limitations of Liability. You acknowledge and agree that, to the maximum extent not prohibited by law, the entire risk arising out of your access and use of the League Applications, your booking of Services via the League Applications or your membership with League and any contact you have with Service Providers or other users of League, whether in person or online remains with you. In no event will League (or any of its affiliates, shareholders, officers, directors, suppliers, employees, contractors, representatives, or agents) be liable for any incidental, indirect, special, exemplary or consequential damages, including without limitation lost profits, loss of data or loss of goodwill, damage to reputation, service interruption, computer or system damage, the cost of replacement products or services, personal or bodily injury, emotional distress arising out of or in connection with these terms or any other commercial damages related to the materials or Content, the Services, interactions with other users of the League Applications or other persons with whom you interact as a result of your use of the League Applications, however caused, regardless of the theory of liability (contract, tort including negligence, or otherwise) and even if League has been advised of the possibility of such damages. In no event shall the aggregate liability of League arising from or related to this Agreement or the League Applications or the use thereof exceed the greater of (i) the amount paid by you for that portion of the League Applications that gave rise to the claim, and (ii) $40.00, even if a claim is a continuing one. The foregoing limitations will apply even if the above stated remedy fails of its purpose. Some jurisdictions do not allow the limitation of liability for personal injury, or other types of damages, so this limitation may not apply to you solely to the extent they are precluded by such laws.
- Indemnification. You agree to release, defend, indemnify and hold harmless League, its affiliates, shareholders, and each of its employees, contractors, directors, officers, suppliers and representatives (collectively, “League Indemnitees”) from all liabilities, claims, damages, losses and expenses, including without limitation, reasonable legal and accounting fees brought against League Indemnitees any third party, including Customers or other service providers arising out of or related to (i) all claims or demands that arise from or relate to your use of the League Applications, or any materials or Content, (ii) your booking or use of the Services, (iii) your interactions with Members and Service Providers, and (iii) any breach of any representation, warranty or covenant herein or in a Customer Agreement.
- Assignment. This Agreement may be assigned by League to an affiliate or in connection with a sale of all or part of the business or undertaking of League. You may not assign this agreement without the prior written consent of League.
- Third Party Beneficiary. You and League agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of these terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as a third party beneficiary.
- U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Territorial Restrictions. You agree that the League Applications will not be exported, imported, used, transferred, or re-exported from the country in which it is provided to you. The information provided within the League Applications is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject League to any registration requirement within such jurisdiction or country. League reserves the right to limit the availability of the League Applications or any portion of the League Applications, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that League provides.
- Amendment. League will be entitled to amend or update this Agreement upon notice to you, which may be provided directly through the League Applications as a posting. Your use of the League Applications or receipt of Services following the date of such notice or posting will constitute your agreement with the terms of any such amendment or update.
- Severability. If any term(s) of this Agreement is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of League and the remaining terms of the Agreement will remain valid and enforceable.
- No Waiver. League’s failure to exercise or enforce its rights under this Agreement does not waive our right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by us.
- Contact Information. Should you have any questions, please contact us at email@example.com. You can find this Agreement by visiting league.com.
Information We Collect
When you create an account and use our League Applications, we collect the following types of information from you:
- Information that we can use to identify or contact you such as your email address and phone number;
- Demographics information such as your gender and location and device related information;
- Personal Information, and Personal Health Information if you decide to provide such information to us for use with our Services, as each term is defined by the Personal Information Protection and Electronic Documents Act (PIPEDA) and Health Information and Individually Identifiable Health Information if you decide to provide such information to us for use with our Services, as such term, as each term is defined in the Health Insurance Portability and Accountability Act of 1996 (USA) (HIPAA);
- Personal health data and payment information, should you decide to provide such information to us, for use with our Services; and
- Any other information, such as photos, images, reviews, topics, content, and bio, you provide us.
If you create an account using, or otherwise connect your account to, a social networking services account (e.g. Twitter, Facebook or Google) we may also collect information provided to us by such social networking service including for example your: name; email address; birthday; geographic location; interests; profile picture; gender; networks; user ID; list of friends; likes, comments and any information you have made public and made accessible to us on such social networking account. We may combine information received from you when using the League Applications with information from external sources.
We automatically collect information about how you use our League Applications, for example, pages you have viewed. We also collect certain technical information about your device including your Internet protocol address, geo-location information, your browser type, language and identifying information, your operating system and application version, device types, device model and manufacturer, device identifiers, and your device operating system type and version.
Sharing of Your Information
The League Applications may allow you to connect and share your actions, comments, content, profile, and information publicly or with other people. You may control the personal information shared via controls built into the League Applications. Please be mindful of your own privacy needs as you choose who to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others and we disclaim any warranty, representation or covenant as to any other party’s treatment of your information.
How League Uses Your Information
League generally uses your information to:
- Facilitate the creation of, administer and secure your account on the League Applications;
- Facilitate payment, using third party payment processing services, should you decide to use our League Applications to purchase services from third party service providers;
- Identify you as a user in our system;
- Provide, personalize, and improve the League Applications;
- Communicate with you about your use of the League Applications;
- Develop new products and services;
- Customize any advertising you view and recommend content;
- Fulfill your requests and respond to your inquiries;
- Send newsletters, surveys, offers and promotional materials related to the League Applications and for other marketing purposes of League using your contact information;
- Send administrative communications about the League Applications;
- Conduct research and measurement activities;
- Protect, investigate, and prevent potentially fraudulent, unauthorized, or illegal activities;
- Protect our rights and the rights of other users; and
We may also use your information to verify your geographic location. We may use your geographic location data to personalize our League Applications, to recommend content, and/or to determine whether the information you have requested is available in your location.
How League Discloses Your Information
We may share your information as follows:
- We may share your information with your consent or at your direction.
- We may also share your information with others who perform services on our behalf (including, but not limited to: advisors, IT providers, contractors and consultants).
- We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant.
- We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect League and our League Applications; or any rights, property, or personal safety of League or others.
- In the event that League is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving the sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred or disclosed as a business asset.
- We may also share data with our partners, advertisers, and other third parties which has gone through an anonymization process and been aggregated.
- Where you have agreed to become affiliated with a League partner (for example, by taking advantage of a partner specific promotion), we may disclose your information with that partner.
- We will not disclose Service Provider calendar information (including names, or other information), or use Service Provider external calendar information other than using appointment times to avoid double-booking, and to make the display of a combined calendar convenient for Service Providers.
League takes steps to help protect your information against loss, misuse and unauthorized access, or disclosure. No company can fully prevent security risks, however. While we strive to protect your information, we cannot guarantee its security. To help protect yourself and your information, choose a unique password for our League Applications and do not use a password on our League Applications that you would use on any other website or online service.
If you believe that League has not adhered to this Statement, please contact League by e-mail at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. Following the conclusion of our investigation, dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof shall be finally resolved by confidential arbitration pursuant to the Ontario Arbitration Act and the arbitration procedures set out therein as modified by this section. Each party shall bear its own legal and other fees relating to the arbitration. The arbitration tribunal’s fees and expenses and shall be borne in equal shares between the parties. The arbitration award will be final and binding, and will not be subject to any appeal. The seat of the arbitration shall be Toronto, Ontario, Canada. In-person hearings and meetings may take place wherever the parties agree to hold them. Failing agreement, they will take place in Toronto. Except as required by applicable law, the parties agree to maintain the confidentiality of the arbitration proceedings and the terms of any award granted pursuant thereto.
If you have consented to receiving promotional and other commercial electronic messages from League, you also consent to League’s use of your Personal Information to send you such messages. You may opt out of receiving such messages from League by following the instructions in those messages. If you opt out, we may still send you non-commercial electronic messages, such as messages about your accounts or our ongoing business relations.
To make changes to your contact preferences or Personal Information, to request deletion of content you post, or to opt-out of sharing your information with third parties, send a request by email to email@example.com. League makes reasonable efforts to completely remove your Personal Information or content but cannot ensure complete or comprehensive removal of the content or information posted on the Services.
Access to and Corrections of Your Information
You have the right to know what information League has about you and to correct any inaccuracies. Please direct any such requests by email to firstname.lastname@example.org, or by one of the other means listed below under the heading “League Contact Information”.
We will not knowingly collect information from users under the age of 13. If we discover that we have collected information from a user under the age of 13, we will delete such information.
League Contact Information
Please contact League with any questions or comments about this Policy, your information, our third-party disclosure practices, or your consent choices email@example.com.
You may also contact us at:
ATTENTION: Privacy Officer
MaRS Centre, 661 University Ave, Suite 1220, West Tower, Toronto, ON M5G1M1