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TERMS OF USE
Effective Date: October 19, 2022
THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH THE COMPANY OFFERS YOU ACCESS TO OUR SITE AND OTHER SERVICES.
These Terms of Use (“Terms”) are a legal agreement between you and 12043262 Canada Inc., together with its affiliates and partners (hereinafter referred to as the “Company“, “we“, “us“, or “our“) relating to the website(s), our mobile applications and related services of the Company (collectively, hereinafter referred to as the “Services“). By using any of our Services, you agree to comply with and be legally bound by the Terms, whether or not you become a registered user of the Services. By agreeing to the Terms you further agree to our Privacy Policy available at www.fertilitywise.com/privacy that is incorporated herein by reference.
Accessing and/or using any of the Services is the equivalent of your signature and indicates your acceptance of the Terms and that you intend to be legally bound by the Terms. If you do not accept and agree to be bound by the Terms you must not access or use the Services.
THE SERVICES ARE NOT SUBSTITUTES FOR ADVICE OR MEDICAL CARE FROM YOUR DOCTOR OR YOUR HEALTHCARE PROVIDER.
CALL 911 (OR YOUR LOCAL EMERGENCY SERVICE) OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.
You agree that it is solely your responsibility to ensure that your access to and use of the Services complies with the laws of your jurisdiction. We make no representation that the Services are appropriate for use outside Canada.
We reserve the right at any time and from time-to-time to modify, edit and update these Terms and any of our policies. You should review these Terms and all policies regularly to make sure that you are aware of any changes. Your access and use of the Services on and after the date on which we post the revised terms constitutes your acceptance of the Terms as revised as well as of any revised policies.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Services, including all related expenses, if any.
The Services Do Not Provide Medical Care or Treatment
The Services may connect you with trusted health information, answers, and tips from medical experts.
THE SERVICES ARE NOT INTENDED FOR MEDICAL DIAGNOSIS, TREATMENT, PRESCRIPTIONS OR OTHER MEDICAL SERVICES. ALL INFORMATION PROVIDED ON THE SERVICES OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY THE COMPANY, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH MEDICAL EXPERTS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP AS DEFINED BY PROVINCIAL AND TERRITORIAL LAWS; THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES OR ANY MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK.
We May Update the Terms
The Terms may change, or otherwise be modified or altered without notice to you at the Company’s sole discretion. Your continued use of the Services after any modification or amendment to the Terms will mean that you accept those changes. If you do not agree to all of the Terms or any changed, modified or altered version of the Terms, you must not use the Services.
What We Do and What We Don’t Do
We Do Support Your Health Decisions
The Services are designed to provide information that may support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor-patient relationship. Always use common sense when making health decisions. We cannot make decisions for you. We can help you find health information and, where provide information that may help you to identify medical professionals with particular expertise.
We Don’t Practice Medicine
The Services may provide you with tools to find information provided by medical researchers and other users. Services are not a place for the practice of medicine. We hope these resources will be of value to you. Please use them responsibly.
We Don't Create Doctor-Patient Relationships
The use of the Services does not create a doctor-patient relationship. Services are provided for your information, and should be used for informational purposes only. Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician or other primary care provider.
Whenever we use the words "your physician" or "your doctor" or "health care provider" or similar words on the Services or terms relating thereto, including in the Terms, we mean your personal doctor with whom you have an actual, mutually acknowledged, doctor-patient relationship, or your other health care providers with whom you have the same kind of formal, real-world relationship.
We Don't Provide Personal Diagnosis, Treatment or Prescriptions
Services do not constitute the practice of medicine or the provision of health care and cannot be used for the purpose of medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use the Services to try to diagnose or treat a medical condition yourself.
You must see your doctor or your healthcare provider in person if you are looking for a personal medical assessment, evaluation, diagnosis, or prescription.
Remember...
Always consult your doctor
Your doctor or your healthcare provider knows you and your medical history. Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, before starting or stopping any treatment directed by your doctor or your healthcare provider or before taking any drug or changing your diet.
Always:
Your Conduct
When using the Services and in all activities relating thereto, you agree not to do any of the following:
The foregoing is merely a list of examples of prohibited conduct. The Company reserves the right to cancel a user account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.
Unauthorized use, such as is set out above, is a material breach of these Terms, and may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
Disputes with Other Users
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
You agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from the Company and you release the Company from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Services or your experience in connection with the Services.
Medical Researchers and Experts
Independence of Medical Researchers and Experts
Content provided by medical researchers or experts is licensed by the Company from such medical researchers or experts, and sublicensed to you. Medical researchers, experts, professionals or specialists utilizing or featured on the Services are not employees or independent contractor service providers of the Company. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of the Company. We do not recommend or endorse any specific medical researchers, experts, professionals, specialists, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services.
The inclusion of medical experts, professionals and specialists in any professional directory on the Services does not imply recommendation or endorsement of such professional by the Company, nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained in such directory. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. WE SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT MEDICAL EXPERTS, PROFESSIONALS AND SPECIALISTS ON THE SERVICES. The use of the Services by any entity or individual to verify the credentials of medical researchers, experts, professionals or specialists is prohibited.
All opinions and statements expressed by medical researchers, experts, professionals or specialists on or through the Services are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of the Company, its affiliates or any other organizations or institutions to which such medical researchers, experts, professionals or specialists are affiliated or provides services.
Children's Privacy
We are committed to protecting the privacy of children. Services are not intended or designed for children. We do not collect personally identifiable information from any person we actually know is a child.
Age
To use the Services, you must be 18 years of age or older.
AS A CONDITION OF YOUR USE OF THE SERVICES, YOU WARRANT THAT: (1) YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (2) YOU POSSESS THE LEGAL AUTHORITY TO CREATE A BINDING LEGAL OBLIGATION; (3) YOU WILL USE THE SERVICES IN ACCORDANCE WITH THE TERMS; (4) ALL SUBMISSIONS AND OTHER INFORMATION SUPPLIED BY YOU ON THE SERVICES IS AND WILL BE TRUE, ACCURATE, CURRENT AND COMPLETE; AND (5) YOU ARE NOT ACCESSING OR USING THE SERVICES ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY.
We retain the right, at our sole discretion, to deny access to anyone to the Services at any time and for any reason, including, but not limited to, for violation of the Terms. You will cease and desist from any such access or use immediately upon our request.
Consent to Advertisement; No Endorsements
By using the Services, you consent to us posting advertisement materials on portions of the Services. Unless expressly stated, we do not recommend or endorse any particular brand of products, services, procedures, or other information that appears or is advertised from time to time on the Services.
Your Account and Your Use of Services
You are responsible for your account: keep your password and other login information private.
Accurate and complete registration and account information (your “Profile”) is required to use some of the Services. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using the Services is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on the Services (such as in questions or other submissions that may be publicly displayed or accessed by the public).
Full access to the Services is enabled only by usernames and passwords. You are fully and solely responsible for any and all use of the Services using your username and password. We reserve the right to revoke or deactivate your account, username and/or password at any time.
Governing Laws
The Company is subject to applicable Canadian federal and provincial laws, including privacy laws.
Your use of the Services must comply with all applicable federal, provincial and territorial laws, regulations, and ordinances, as well as the laws of the jurisdiction where you reside and those laws applicable to your use of the Services.
You must be of the age of majority and an adult to use the Services.
For more details about when and how we can communicate with you, please consult our Privacy Policy
Uses of the Services
The Services are for Personal Use
The Services are provided for individuals to use to obtain information relating to health conditions. You may use the Services for personal, but not for commercial, purposes in accordance with all applicable federal, provincial and local laws. Organizations, companies, and businesses may not become registered members or use our Services as entities or through individual members except with the prior written authorization of the Company.
The content of the Services (the “Content”) is provided only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is not permitted, unless expressly pre-approved and permitted by the Company in writing.
By using the Services, you agree not to harvest, scrape or otherwise collect any personal information about our users or any contributor to the Content for any reason, including but not limited to for sending unsolicited communications, including commercial electronic messages or “spam”.
Services Must be Used Responsibly
You agree to use the Services responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive. You also agree not to intentionally overuse the Services, or use the Services for medically inappropriate purposes or other inappropriate purposes.
Services May Not be Used for Illegal Purposes
The Services may not be used for any illegal purpose. You may not access our networks, computers, or the Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected with the Company, or the Services. You may not use any automated means (such as a scraper) to access the Services for any purpose. Such unauthorized access includes, but is not limited to, using another person's login credentials to access the Services. Any attempt by any individual or entity to solicit login information of any other user of the Services, or any medical researchers, expert, professional or specialist, or to access the Services accounts is an express and direct violation of the Terms and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
Services Do Not Make Recommendations or Endorsements
We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on the Services. Services are designed to be used with common sense, and in connection with the advice of your doctor or your healthcare provider. Reliance on Services is solely at your own risk. Some Content and Services, including posts by medical researchers, experts, professionals or specialists, may be or have been provided by third parties directly and are not reviewed or certified by the Company. We cannot guarantee that the Services will help you achieve any specific goals or results. Content, including as it relates to dietary supplements, treatments or regimens has not been evaluated by Health Canada and is not intended to diagnose, treat, cure, or prevent any disease.
We Do Not Guarantee the Accuracy of Third Party Content
We no editorial control over or responsibility for Content provided by third parties or users, and any opinions, statements, products, services or other information expressed or made available by third parties (including users, or medical researchers, experts, professionals or specialists) on The Services are those of such third parties. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party or user, and do not represent or warrant that your use of the Content displayed or referenced on the Services will not infringe rights of third parties not owned by or affiliated with the Company.
We Are Not Responsible for Any Third Party Websites
Third party input into Content, as well as any of the following in the Services: links to other apps, websites or information, third party software, third party data, or other third party content (including opinions, claims, comments), online or offline, and related information (collectively "External Content"), are outside of our control. We do not control, endorse, verify the truth or accuracy of, or review any External Content, and we are not responsible for such External Content, whether or not any link or reference thereto is incorporated in the Services. The External Content contained in any third party apps, websites, information, or software to which a link is provided in the Services are those of the companies or individuals responsible for such External Content and cannot be attributed to the Company. We do not warrant, nor are we in any way responsible for, information, software, data, or privacy policies, or any terms of use related or pertaining to External Content. By using the Services, you expressly release the Company from any and all liability arising from your use of any External Content. Accordingly, when you leave the Services or submit information to any External Content accessible from the Services, the terms and conditions, privacy policy and other policies relating to such External Content will apply to you.
Dealings with Third Parties
You acknowledge and agree that any dealings with third parties, including any merchants or advertisers, found on, or through, any Services, are solely between you and the third parties. You agree we shall not be held responsible in any way whatsoever for any loss or damage of any kind incurred through your interaction with any third parties.
We may engage third party service providers to assist with the provision of the Services. For example, third party service providers may store information or to provide Content via their platforms, and if we obtain your credit card information or require fee payments, we may employ third party payment processors to receive such information and process payments therewith. We shall not be responsible for the activities of any such third party service providers and such third party service providers may require you to agree and comply with their terms, conditions and policies. You bear all responsibility and liability relating to such term, conditions and policies and your compliance therewith. You agree we shall not be held responsible in any way whatsoever for any loss or damage of any kind incurred through your interactions with any third party service providers.
You Agree That We May Send You Electronic Messages
If you set-up notices or indicate that we can send you information in your Profile or in the Services, you agree that we may send you automatically via e-mail, mobile telephone or other contact information provided by you in your account, electronic messages. The content in those messages may contain your personal or personal health information, including content related to conditions, treatments, and medications, and may not be secure. You also understand and agree that by receiving personal or personal health information by electronic messages you will be charged by your wireless or internet provider and that such electronic messages may be generated by a third party service provider.
In your account settings, you can control what information is sent to you, and where it's sent, and you can unsubscribe or opt-out from receiving electronic messages.
Mandatory Removal of Content and Services
If you violate the Terms, your authorization to use the Services may automatically terminate, at the Company’s discretion. Upon termination you must immediately destroy any copies you have made of any portion of the Content.
Intellectual Property Rights
We own or license all rights to the Services. We hereby grant you a personal, revocable, non-assignable, and non-exclusive license right to access and use the Services in accordance with the Terms for the time period during which such Services are made available to you by the Company, solely for your personal use. You may not use any of the Services for any commercial purpose. We reserve the right to terminate or suspend your right to use the Services at any time and at our sole discretion. You cannot transfer this license, or sublicense this license, to someone else. You and other users and account holders can use the Services as permitted by the Company.
All right, title and interest in and to the Services, together with all intellectual property rights therein and relating thereto, are the property of the Company or our affiliates or licensors, subject to applicable laws.
You Must Ask Our Permission To Use Trademarks
The brands, marks, service marks, logos, product and service names, and other trademarks in the Services (the "Trademarks") are owned or licensed to the Company. If you would like to use or display any Trademark, you must ask our permission. You agree not to display or use in any manner the Trademarks without our prior written permission. Any use you are permitted by our prior written authorization to make use of any Trademarks must be in accordance to the media use guidelines we publish, and all benefit therefrom shall accrue to us or our licensors. All Trademarks on the Services are the property of their respective owners, and nothing in the Terms grants you any rights whatsoever in such Trademarks.
We have rights in all Content, as owner or licensee, and the Services generally, including copyright, trade secrets, industrial designs and other intellectual property rights. You agree not to infringe our intellectual property rights or to assist or induce any other person or entity to infringe our intellectual property rights.
You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or the Services, or any portion thereof, without our prior written consent. You may, however, use the Services as they are designed and intended to be used.
You Agree Not to Access, Attempt to Access, or Use Our Data Without Our Permission.
You agree not to access, attempt to access, request access or use of any Content, Services or any of our data relating to any of the foregoing (collectively the “Data”), without our prior written authorization. This means that you agree not to download, upload, post, license, disclose, modify, translate, decompile, copy, distribute, reverse engineer, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the Data, in whole or in part, in any form or by any means, unless expressly permitted herein or you have our prior written authorization to do so. Moreover, you shall not, nor shall you permit any third party or person to, disable, circumvent, or otherwise avoid any security device, digital rights management, mechanism, protocol, or procedure implemented by the Company for use of the Data or the Services.
Contact Us if You Believe Materials on the Services Infringe Your Copyright
If you believe any materials accessible on or from the Services infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information. We will review the information that you provide and may request removal of such materials if it is within our ability to do so, at our sole discretion in accordance with applicable laws.
Monitoring
You acknowledge and agree that the Company has no obligation to monitor the Services or any Content, Submissions or other information accessible through the Services, but it does have the right to monitor any Services and any Content, Submissions or other information accessible through the Services. We may undertake such monitoring pursuant to law, regulation or other reasonable governmental requests, as well as pursuant to our own interests, at our sole discretion.
Feedback
Should you provide any feedback or commentary to us relating to the Services, our business or otherwise (collectively the “Feedback”) you hereby assign all rights, title and interest in and to such Feedback to us, including but not limited to all intellectual property rights therein and relating thereto, and you further hereby waive all moral rights therein in our favour. We reserve the right to utilize such Feedback in any manner, or to decline to utilize the Feedback in any manner, at our sole discretion. For clarity, you will not have any rights, title or interest in any use made of the Feedback, including but not limited to, any products or services developed from the Feedback.
Fees & Payments
We may, in our sole discretion, offer some or all of our Services to you for free or charge you subscription fees or pay-for-service fees in accordance with our then-current fees included in the Services and/or any schedule, as may be provided from time to time (the "Fee Schedule"). You or a responsible third party are responsible for paying any such applicable fees in accordance with the Fee Schedule (the "Fees"). Unless otherwise expressly indicated in the Fee Schedule, all Fees are quoted in Canadian dollars, exclusive of applicable sales and value added taxes and are non-refundable and payable upon invoicing or demand from us. You or a responsible third party are responsible to pay all sales and value added taxes that may be imposed in each applicable jurisdiction and will hold and save us harmless in respect of any such taxes.
We may charge additional fees for optional Services or functionalities of the Services. All fees are subject to change at our discretion.
We are not responsible for collecting any taxes on behalf of you or any other person. We reserve the right to charge interest on late payments of any fees owing to us and/or any user, and to use any legal means to collect late and outstanding payments, including collections agencies or court proceedings.
Fees may be collected by a third party service provider engaged by us. You are responsible for providing all information required for payment of such fees, and for compliance with such third party service provider’s terms of use and other policies and requirements. We bear no obligation or liability relating to such third party service provider or any actions or omissions of such third party service provider.
Submissions
You agree that you will not upload or transmit any communications or content, or provide us with any information, of any type that infringes or violates any rights of any party. The personal information you submit to us is governed by the Privacy Policy, the terms of which shall govern in the event of any inconsistency with the Terms and if you provide us with any personal information of any third party you hereby represent and warrant that you have all requisite consents to provide us with such information for use in accordance with this Terms and our Privacy Policy.
All submissions shall be in accordance with instructions in the Services and anyother submissions guidelines we may provide.
You give us rights in what you submit.
With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy and other information governed by applicable Canadian and provincial privacy laws, rules and regulations), if you make any submissions on, to or through the Services, including but not limited to data, questions, comments, posts, suggestions, ideas, concepts, techniques or inventions (the “Submissions”), you make such Submissions without any restrictions or expectation of compensation or of confidentiality, and you agree that your Submissions may be used without restriction for any purpose whatsoever, within the Services or externally from the Services, and you automatically grant, or have obtained rights from the owner of such Submissions and the intellectual property relating thereto to automatically and expressly grant, the Company a royalty-free, perpetual, irrevocable, worldwide, nonexclusive license right, with a right of sublicense, to freely use the whole or any portion of such Submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to copy, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display (in any media or form now known or hereafter developed), create improvements and derivative works from, develop inventions from and manufacture, sell, lease or otherwise use such inventions, marketing any product or service relating to or developed from the Submissions, communicate to the public, or otherwise use the Submissions. You further waive any and all of your moral rights in the Submissions in favour of the Company, and have caused any other owner of such Submissions and the intellectual property relating thereto to waive their moral rights in the Submissions in favour of the Company. All Submissions will be treated as non-confidential and nonproprietary at our sole discretion.
Do not provide any Submissions to us if you don't want to give us rights to the Submissions.
Termination
Your permission to use the Services ends immediately if you violate any of the terms of this Terms. We may place limits on, modify, or terminate your right to access and use Services and/or Content at any time. This suspension or termination may involve the deletion of information, files, and other previously available Content and/or Submissions. We reserve the right to terminate your rights to the Services without any notification to you, in its sole discretion. In the event your account is suspended or terminated, you will be contacted via email.
The restrictions imposed on you with respect to the Services, the disclaimers, and limitations of liabilities set out in this Agreement and other sections that by their nature survive, shall survive termination of this Agreement. We shall not be liable to you or to any third party for such termination.
You may terminate the Terms at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Services) that your account be deleted or deactivated, ceasing use of the Services and uninstalling and removing all local software components thereof, if any, from your systems, including removing the Services from your mobile device, if applicable.
Changes to the Terms
We may update, amend, modify or otherwise change the Terms at any time.
When we make changes, we will revise the "Effective Date" at the top of the Terms. We encourage you to review this Terms periodically. Your continued use of Services constitutes your agreement to the changed Terms, as set out herein.
No Warranties
THE SERVICES ARE PROVIDED "AS IS”. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY REPRESENTATION CONCERNING THE SERVICES OR CONTENT WHEN USED IN ANY COUNTRY. NEITHER WE, NOR ANY OF OUR LICENSORS, MAY BE HELD LIABLE UNDER THE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY.
SPECIFICALLY, AND WITHOUT LIMITING THE FOREGOING, WE, OUR LICENSORS, AND OUR SUPPLIERS, MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT: (I) THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE SERVICES, WHETHER BY US OR ANY OTHER PARTY; (II) THE SATISFACTION OF ANY GOVERNMENT REGULATIONS; OR (III) THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS OF THE SERVICES. ANY LOCATION DATA ACCESSED VIA THE SERVICES MAY BE INACCURATE OR INCOMPLETE AND ANY USE OF SUCH DATA, AND OF THE SERVICES, CONTENT AND DATA, IS AT YOUR OWN RISK.
SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THE TERMS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THE TERMS WITH SUCH PROHIBITIONS.
Limitation of Liability
We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content, Submissions, Data, or other information submitted, transmitted, or received via the Services.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED CANADIAN DOLLARS ($100).
Content or Submissions on the Services, including any that is created, modified, submitted or validated by a medical researcher, expert, professional or specialist (collectively, "Expert Content") are subject to the following additional terms and conditions. (When we use the term Content or Submission elsewhere in this Terms, those terms include Expert Content.) The creator and any reviewer of such Content are solely responsible for the Expert Content. While we hope that you will find the Expert Content informative and educational, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE EXPERT CONTENT, INCLUDING REGARDING TREATMENT OF MEDICAL CONDITIONS, ACTIONS, OR APPLICATION OF MEDICATION, OR OTHERWISE.
UNDER NO CIRCUMSTANCES, AS A RESULT OF YOUR USE OF THE EXPERT CONTENT OR THE SERVICES, WILL WE, OR OUR AFFILIATES OR LICENSORS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES OR HARM OR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR AFFILIATES AND LICENSORS, SHALL HAVE ABSOLUTELY NO LIABILITY IN CONNECTION WITH THE SERVICES OR FOR: (A) ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OMISSIONS, OR NEGLIGENCE, IN PROCURING, COMPILING, OR DELIVERING INFORMATION WITHIN OR THROUGH EXPERT CONTENT; (B) ANY ERRORS, OMISSIONS, OR INACCURACIES IN SUCH EXPERT CONTENT INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF SUCH INFORMATION; OR (C) ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON SUCH INFORMATION.
This means: (i) you should not rely on the Expert Content or make medical or other important decisions based on it; and (ii) that we, our affiliates and our licensors are not responsible for what you do or don't do with the Expert Content or any other Submissions or Content.
For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider.
Neither we, our affiliates, employees, directors, or officers, or our licensors, are or will be liable for any personal injury, including death, attributable to or caused by your use or misuse of the Services, Expert Content, Submissions, Content or other content posted or made available through the Services.
The limitations of your liability in the Terms do not apply to breaches of intellectual property by you, or breaches of any of your obligations in the Terms, or any of your indemnification obligations in the Terms.
Indemnity
You agree to indemnify and hold us, our affiliates, employees, directors, and officers, and our licensors, harmless from any claim or demand, including attorneys' fees, including any made by any third party, as a result of: (1) any Expert Content, Content, Submissions, Data or other content posted or made available through the Services that is provided by you; (2) any results, harm or damages arising from your use of the Services, Expert Content, Content, Submissions, Data or other content posted or made available through the Services; (3) any violation of any law that occurs due to your use of the Services, Expert Content, Content, Submissions, Data or other content posted or made available through the Services; and/or (4) anything you do using the Services, Expert Content, Content, Submissions, Data or other content posted or made available through the Services, or any information in any of the following.
Remedies
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR APPS, OR ANY SERVICES OR VIRTUAL CONSULTS, OR ANY INFORMATION AVAILABLE THROUGH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SERVICES. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Any claims under the Terms, including any and all arising in connection with your use of the Services, must be brought within one (1) year of the first date of the event giving rise to such claim. Remedies under the Terms are exclusive and are limited to those expressly provided for in the Terms.
Compliance with Investigations
We will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may occur without any notice being provided to you.
General Legal Terms
The Terms is the entire agreement between you and us relating to the Services. The Terms replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references the Terms. If there is any conflict between the Terms and a mutually signed written agreement between you and us related to the Services, the signed written agreement will control.
We reserve the right to modify or discontinue our Services with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the Services. Continued use of The Services following any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified.
Other parties may have rights under the Terms. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to the Terms pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to the Terms, the rights and protections provided to us under this Terms inure to their benefit.
If we provide you with a translation of the English language version of the Terms, the English language version of the Terms will control if there is any conflict.
If we choose not to enforce any provision of the Terms, we retain the right to enforce it in the future. This means that the failure to enforce any provision of the Terms does not constitute a waiver of that provision. If any provision in the Terms is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
The Terms are not assignable, transferable, or to be sublicensed by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.
Contact Us
Questions or comments regarding the Services should be directed to the Services Administrator here.
© 12043262 Canada Inc., 2022.
