Terms & conditions
Effective Date: March 24th, 2023
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.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its employees to the Terms. Organizations, companies, and businesses may only become registered members or use our Services as entities or through individual members with the prior written authorization of Vana.
THE SERVICES ARE NOT SUBSTITUTES FOR HEALTH, WELLNESS OR MEDICAL 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.
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.
Changes and Amendments
We reserve the right to modify these Terms at any time and in our sole discretion, effective upon posting of an updated version of these Terms on the Services. When we do, we will revise the date at the bottom of this page. 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 any revised version of the Terms or any policies constitutes your acceptance of the Terms as revised as well as of any revised policies. If you do not agree with these Terms after they have been changed, you must not use the Services.
The Services Do Not Provide Medical Care or Treatment
The Services may involve the input or other involvement of health practitioners and health information from medical experts.
NOTWITHSTANDING THE FOREGOING, 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 ANY THAT INVOLVED ANY HEALTH OR MEDICAL PRACTITIONER OR EXPERT, 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, OR ANY HEALTH OR MEDICAL PRACTITIONER RELATIONSHIP WITH YOU; 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 HEALTH OR MEDICAL PRACTITIONER OR EXPERT IS SOLELY AT YOUR OWN RISK.
PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION, OR BEFORE TAKING ANY DRUG, CHANGING YOUR DIET, COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT, OR FOR ANY OTHER MEDICAL INQUIRY. CALL 911 (OR THE RELEVANT EMERGENCY SERVICES NUMBER IN YOUR TERRITORY) OR YOUR DOCTOR FOR ALL MEDICAL EMERGENCIES. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICES OR IN ANY MANNER RELATED THERETO.
We Don’t Practice Medicine
The Services may provide you with tools relating to health or medical information based upon medical tests or advice of health or medical researchers or practitioners. The 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 or any relationship between you and a health or medical practitioner. 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.
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.
- SEEK THE ADVICE OF YOUR DOCTOR OR YOUR HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
- NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF ANY CONTENT YOU READ OR LEARN ON THE SERVICES.
- CALL 911 (OR YOUR LOCAL EMERGENCY SERVICE) OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.
Access and Use
We hereby grant you permission to use the Services as set forth in these Terms, provided that: (a) your use of the Services is solely for your personal, non-commercial use; (b) you use the Services in accordance with all applicable laws; and (c) your use will otherwise comply with these Terms.
In addition to the other terms set out in these Terms, you agree that when using the Services you will not:
- submit false or misleading information to the Services;
- download, copy, or re-transmit any or all of the Services without, or in violation of, a written license or agreement with us;
- use the Services in any manner that could disable, overburden, damage or impair the Services or interfere with any other party’s use of the Services including their ability to engage in real time activities through the Services;
- use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Services for any purpose including monitoring or copying any of the material on the Services;
- use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the web/Internet;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Services are hosted;
- attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
- attempt to interfere with the proper working of the Services, including but not limited to through hacking, ransoming, or other attacks upon the services provided by and function of the Services;
- use the Services to fraudulently misrepresent yourself, impersonate another person, engage in false advertising; to defraud or defame any person, or to engage or otherwise participate in any ponzi scheme, pyramid scheme, chain letter, unsolicited bulk or commercial emails, or to collect or harvest any personal or personally identifiable information from any user of the Platforms Services without that person’s knowledge or consent;
- distribute the content of the Services for any purpose including without limitation compiling an internal database, redistributing or reproduction of the content by the press or media, or through any commercial network, cable or satellite system;
- post or transmit any content or submissions, about yourself or another person or entity, including any messages, ads, data, images, text illustrations, articles, photographs, or audio or video clips that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, is threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, harassing in nature, profane or indecent material of any kind including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, provincial, territorial, federal or other law, infringe any person’s privacy or personal information, identify or make it easy to identify a child, or any child’s or other person’s present or future location, that contain language that is otherwise deemed offensive by us, or that contains software viruses, corrupted data, cancel bots, commercial solicitations, or mass mailings or any form of “spam”;
- use the Services in any manner that promotes and/or enables illegal or unlawful activities;
- permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or the rights of our licensors, or allow any third-party to access the content, including without limitation, intellectual property, privacy, publicity or contractual rights;
- use the Services other than for its intended purpose, or in any manner not expressly permitted in these Terms;
- remove any copyright, trademark, or other proprietary rights notice from the Services or any content thereof;
- create a database by downloading and saving content from the Services;
- delete or revise any content on the Services;
- transmit, disclose, collect or store personal information about others;
- attempt to defeat any security measures that we take to protect the Services;
- violate any local, municipal, provincial, national, or other law or regulation, or any order of a court;
- use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services, or use automated scripts to collect information or otherwise interact with the Services;
- use our Services to transmit, distribute, post or submit any information concerning any other person or entity, without their permission, including without limitation, photographs, personal contact information, or credit, debit, calling card or account numbers;
- use our Services in connection with the distribution of unsolicited commercial email (“spam”);
- “stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting with one another;
- register for more than one user account or register for a user account on behalf of an individual other than yourself;
- use the Services for medically inappropriate purposes or other inappropriate purposes; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. We reserve the right to cancel a user account or take other appropriate actions in our 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.
You hereby represent and warrant to us that you will utilize the Services and any Content, Data or other information provided to you thereby in accordance with applicable laws, being those laws applicable to the Services and those laws that are applicable in accordance with the jurisdiction where you are located. The foregoing obligation includes, but is not limited to, compliance with privacy and data security laws.
Progress Tracking Consents
Our Services may include features for progress tracking in relation to our products and/or Services.
Such progress tracking shall be in accordance with our requests. As examples:
for any product or Service relating to cellulite reduction you may be required to complete the following daily in the morning and evening: (i) take measurements of the circumference of each of your thighs; (ii) take photos of your thighs; and (iii) submit the measurements and photos to us in accordance with the instructions we provide to you.
for any product or Service relating to recovery from athletic activity you may be required to complete the following at intervals indicated by us: (i) take such measurements as are requested by us (e.g., body measurements, heart rate, energy levels, etc.); (ii) undertake periodic testing (e.g., relating to biomarkers); and (iii) submit the measurements and test results to us in accordance with the instructions we provide to you.
All information that you provide to us in relation to progress tracking must be gathered in accordance with our instructions and must be accurate. The personal information and other data we receive from you relating to our products and Services and progress tracking will be utilized by us to review the efficacy and performance of our products and Services and for other purposes relating to our business operations and product and service development.
Our Services are not intended for use by minors. We do not collect personally identifiable information from any person we actually know is a minor (as defined by the laws in the applicable jurisdiction).
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 WITHOUT EXPRESS WRITTEN AUTHORIZATION TO DO SO, OR ON BEHALF OF A CORPORATE ENTITY.
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.
The owner of the Services is based in Canada. The Services are not intended for use in any jurisdiction where its use is not permitted. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.
Certain portions of the Services may only be accessible with a registered account. Should you choose to register for an account for any Services, you agree to provide accurate and current information about yourself as required by the registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. Providing false contact information of any kind is a violation of these Terms, and may result in the termination of your account. You agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers that you choose or are assigned as a result of creating an account for registration as well as all activities that occur under such account. You agree to immediately notify us of any unauthorized uses of your account or any other breaches of security on the Services.
We will not be liable or responsible in any way for any loss or damage of any kind incurred as a result of or in connection with your failure to comply with this section of these Terms. We may (in our sole discretion) suspend or deactivate your account at any time.
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 identified to us by you 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 or any other currency identified in the Fee Schedule, and may be quoted so as to be exclusive of applicable sales and value added taxes. All Fees are non-refundable and payable upon invoicing or demand from us. You or such 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 at the rate of three percent (3%) per month on the outstanding payments or fees owing compounded month to month until payment in full (including interest charges) is received, or as otherwise permitted in accordance with applicable laws, and to use any legal means to collect late and outstanding payments, including collections agencies or court proceedings.
You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of any content, information or material that you submit on the Services (“Content”).
Do not provide any Content to us if you do not want, or are unable, to give us rights to the Content.
By submitting Content, you declare and warrant that you own or have the necessary rights to submit that Content and have the right to grant the license thereof to us and our service providers, and each of our respective licensees, successors, and assigns. You represent and warrant that all Content you submit to the Services complies with applicable laws and regulations and these Terms. You understand and agree that you are legally liable, including to any third party, for the content and accuracy of your Content. We are not responsible or legally liable to any third party for the content or accuracy of any Content submitted by you or any other user of the Services.
We may, but have no obligation to, monitor and review Content on the Services. We have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates these Terms or is in any way harmful or objectionable.
The content offered through the Services is provided for general information purposes only. It is not intended as advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Services.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Services is accurate, complete, or up to date. Your use of the Services is at your own risk and neither Vana nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, successors or assigns, have any responsibility or liability whatsoever for your use of the Services.
The Services may include content provided by third parties, including from other users and third-party licensors. All statements and opinions expressed in any such third-party content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Vana. Neither Vana nor Vana’s directors, officers, employees, agents, service providers, contractors, licensors, licensees, successors, or assigns have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials on the Services.
We Do Not Guarantee the Accuracy of Third Party Content
We do not enforce 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 us.
We Are Not Responsible for Any External Content
Third Party Services and Links
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.
If you enable, access or use third party services available on the Services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Vana with respect to such other services. Vana is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling or using any third party services on the Services, you are expressly permitting Vana to disclose your data as necessary to facilitate the use or enablement of such other service.
Although the Services may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from the Services. Your linking to any other off-site websites is at your own risk.
Risk of Transferring Information via the Internet
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to or from the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.
Mandatory Removal of Content and Services
If you violate the Terms, your authorization to use the Services may automatically terminate, at our discretion. Upon termination you must immediately destroy any copies you have made of any portion of the content.
You understand and agree that the Services and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Vana, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Vana or its licensors. All of our trademarks are protected by Canadian law. All other trademark, service marks, company names or company logos, as used or referenced in the Services, are the property of their respective owners.
Subject to and conditioned on your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, non-assignable, nonsublicensable license to access and make personal and noncommercial use of the Services and their contents. You are authorized to view, download and print portions of the Services solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the Services, including: (a) reproduction, except as authorized herein; (b) modifications; (c) distributions; (d) republication; (e) transmission; (f) re-transmissions; or (g) public showing, without our prior written permission, is strictly prohibited. The licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms.
You have no right, title, or interest in or to the Services or to any content on the Services except your Content, and all rights not expressly granted are reserved by Vana. Any use of the Services or any intellectual property referenced in this section, except as permitted in these Terms or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.
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 us 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 undertake the removal of such materials if it is within our ability to do so, at our sole discretion in accordance with applicable laws.
Your permission to use the Services ends immediately if you violate any of clause or section of the Terms. We may (in our sole discretion) suspend or terminate your access to or use of the Services without notification for any violation of these Terms, or for other conduct that we deem unlawful or harmful to others. In the event of termination, you are no longer authorized to access the Services, you may not re-register for our Services, and we will use whatever means necessary to enforce this termination.
You may terminate the Terms: (a) in accordance with any subscription agreement or other agreement in place relating to the provision of the Services to you; (b) in accordance with any written authorization from us for termination that we provide after you provide us with a written request for termination; or (c) if you are only accessing our Services and do not have any account at any time, with immediate effect by 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.
You acknowledge and agree that we have no obligation to monitor the Services or any content (including Content), submissions, Data or other information accessible through the Services, but we do have the right to monitor any Services and any content (including Content), submissions, Data 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.
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.
Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS”. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIM 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.
You acknowledge and agree that you assume full responsibility for your use of the Services and the products and services offered on the Services.
You agree to indemnify and hold us, our affiliates, employees, directors, and officers, and our licensors and service providers, harmless from any claim or demand, including attorneys’ fees, including any made by any third party, as a result of any of the following: (1) any Content, submissions or Data 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; (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; (5) any breach by you relating to confidentiality, data security, or intellectual property; and (6) your willful misconduct or negligence.
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 (including Content), submissions, Data, or other information submitted, transmitted, or received via the Services. For clarity, all references to Services in the Terms include all content, submissions, Data and 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).
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE EXPERT CONTENT, INCLUDING REGARDING MEDICAL TESTING RESULTS, 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 Services to make medical or other important decisions, except at your own risks; 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 the Services.
For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider.
Neither we, nor 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, including by any Expert Content, submissions, Data, Content or other content posted or made available through or in relation to the Services.
Any limitations of your liability in the Terms do not apply to breaches of confidentiality, data security or intellectual property by you, or breaches of any of your obligations in the Terms, or any of your indemnification obligations in the Terms.
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT, SUBMISSIONS, EXPERT CONTENT, DATA, MATERIALS, OR OTHER 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.
These Terms shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in British Columbia, Canada, and you hereby submit to the personal jurisdiction of such courts.
Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.
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.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Third Party Beneficiaries
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. For example, 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 you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to the Services, you may send an email to [email protected].