TERMS OF SERVICE FOR HEAL WELLNESS INC. WEBSITE
The websites operated at www.healthyeatingandliving.ca, www.healwellnesschallenge.com and such other locations as made available from time to time (collectively, the “Website”) and the services offered therefrom (collectively, the “Service”) are operated by HEAL Wellness Inc. and its corporate affiliates (collectively, “us”, “we” or the “HEAL Companies”).
By accessing or using the Service, you (“you” and, together with all persons accessing or using the Service, collectively, the “Users”) signify that you have read, understand and agree to be bound by this Agreement (this “Agreement”) in all respects with respect to the Website, our provision of the Service, and your use of them.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
1. Amendments (Changes to These Terms). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement from time to time without further notice. If we do this, we will post the latest version of this Agreement on this page at www.healthyeatingandliving.ca, and we will indicate at the bottom of such page the date of the last revision or modification. Your continued use of the Service, which use includes your continuing to make available your User Content (defined below) on the Service, after any such change, modification, addition or deletion constitutes your acceptance of the Agreement as then revised. If you do not agree to abide by this or any future version of the Agreement, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check this page to determine if there have been changes to this Agreement and to review such changes.
2. Registration Data; Account Security. In consideration of your use of the Service, you agree to: (a) provide us with accurate, current and complete information about you as may be prompted by any registration, contact, or similar forms on the Service (“Registration Data”); and (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete. Upon providing Registration Data to us through the Service, you will provide account information (your “User Account”). You hereby agree to be fully responsible for (w) all use of your User Account, (x) any action that takes place using your User Account by any person or automated process, (y) maintaining the confidentiality and security of the password to your User Account, and (z) immediately notifying us upon any unauthorized use of your password or your User Account.
3. Content. In this Agreement, “Content” means all materials and content of any type, including, but not limited to, photos, graphics, images, designs, profiles, messages, information, health history, purchase orders, notes, text, information (including Registration Data), video, articles, and software.
4. User Content and Your License to Us. The Service permits you (or any person using your User Account) to submit, transmit, copy, make available and distribute Content (collectively, your “User Content”), and we do not claim ownership over any User Content. By providing any User Content, you
(a) acknowledge that the HEAL Companies reserve the right to refuse to accept, display, or transmit any User Content in its sole discretion,
(b) grant the HEAL Companies the worldwide, royalty-free, non-exclusive right and license to use, distribute, reproduce, modify, adapt, perform and display such User Content as permitted by the functionality of the Service (the “User License”) on the following terms:
(i) the User License is limited to the purpose of offering the Service,
(ii) the User License includes the HEAL Companies’ right to sublicense to third party service providers for the sole purpose of offering the Service, at all times in accordance with this Agreement, and
(iii) the User License will end, and the HEAL Companies will cease to use User Content, a commercially reasonable period after such User Content is removed from the Service,
(c) represent and warrant to us that (1) you have all right, title and interest to grant the User License, (2) the User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, and (3) no User Content contains any libellous, defamatory or otherwise unlawful material, and
(d) hereby agree to indemnify us and hold us harmless from any claims, losses, damages or expenses incurred by us in respect of any third party claims that your User Content infringes on any other person’s rights (including all of the rights set out in (b) above).
5. Service Content. All Content available or stored on the Service other than your User Content, including the Service itself, all other Users' Content, any Content made available by the HEAL Companies or any third party, and the selection and arrangement of all such Content and User Content (collectively, the “Service Content”), is the proprietary property of us, the Users or our licensors with all rights reserved, and the HEAL Companies (or, as applicable, our Users or licensors) retain and shall retain all right, interest and title in and to all Service Content.
6. Our License to You. Provided that you are eligible for use of the Service, and that you agree to this Agreement, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive, non-transferable right and license to access and use the Service and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial use, subject to this Agreement and provided that you keep all copyright or other proprietary notices intact.
7. User Conduct (Things You Must Not Do). You acknowledge and agree that the Service is available for your personal, non-commercial use only. Without restricting anything else in this Agreement, you agree not to
(a) alter, modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, transfer, or sell in any form or by any means, in whole or in part, Service Content,
(b) except to the extent required to be permitted by the law of your jurisdiction, reverse engineer, decompile, or disassemble, translate or otherwise attempt to extract the source code from the Service, the Service Content, or any part thereof,
(c) make the Service or Service Content available to anyone, or permit anyone to access same, nor license, sublicense, sell, resell, publish, republish, transfer, assign, distribute, rent, lease, time-share, copy or otherwise commercially exploit the Service, or any part thereof, in any way except in furtherance of your permitted use in accordance with this Agreement,
(d) republish any Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, without our prior written permission or the permission of the particular Content owner, as the case may be,
(e) use any data mining, robot or similar data gathering or extraction methods with respect to any Service or any Service Content,
(f) register for more than one User Account, register for a User Account on behalf of an individual other than yourself (except if you are the parent or legal guardian to such individual), or register for a User Account on behalf of any group or non-individual entity (except if you are duly authorized to do so by such group or entity),
(g) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, in your Registration Data, User Account or otherwise;
(h) upload, post, transmit, share or otherwise make available on the Service any User Content that
(i) consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, or
(ii) contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, personal health information, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information,
(iii) in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
(iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or
(v) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
(i) disable or circumvent any access control or related process or procedure established with respect to the Service, or attempt to gain unauthorized access to the Service or Service Content,
(j) remove any copyright or other proprietary notices on or in the Service, Service Content or any part thereof,
(k) solicit personal information from anyone under 18 or solicit passwords or personally identifying information from any person for commercial or unlawful purposes,
(l) use the Service or any Service Content to “stalk”, intimidate, harm or otherwise harass another User or another person,
(m) intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority,
(n) access the Service in order to (i) build a competitive product or service, or (ii) copy any features, functions or graphics of the Service or Service Content,
(o) utilize the Service in any way except as expressly permitted by this Agreement, including by developing or using any software tool or other application that interfaces with the Service or the Website except for standard web browsers,
(p) interfere with or disrupt the Service or Service Content (including the servers, networks or technology connected to the Service), or
(q) use or attempt to use another's User Account or the Service without express authorization from us or the applicable User.
8. Nudity and Objectionable Material. You acknowledge and agree that the Service must remain a safe site for families with children, so you agree not to, and we strictly prohibit, the uploading and display of any User Content portraying explicit nudity, adult content, or that is unacceptable for viewing by minors or objectionable, in our sole discretion. For example, but without limitation, prohibited User Content would include material that would be unacceptable in a public museum where minors visit, or User Content that would only be appropriate for adult sites, adult magazines, or R-rated movies. You acknowledge and agree that the sole discretion of whether User Content is suitable belongs to us, and we reserve the right (but have no obligation) to (a) delete any User Content we deem to violate this Agreement or, or (b) to cancel the User Account from which such User Content made available on the Service.
10. Other Uses. Any use of the Service or the Service Content other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will automatically terminate all licenses granted by us herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright, privacy, trade-secrets and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any other license to intellectual property rights, whether by estoppel, implication or otherwise.
11. Trademarks. Notwithstanding anything else in this Agreement, “HEAL”, the HEAL logo and design, and all other trade-marks, trade dress, graphics, logos, designs, page headers, button icons, scripts and service names used by the HEAL Companies on or in connection with the Service (collectively, the “Marks”) are registered trademarks, trademarks or trade dress of the HEAL Companies or our licensors and all right, title and interest in and to the Marks, whether registered or not, are and shall remain vested in us or in our licensors, as applicable. The Marks may not be used, including as part of trademarks, trade names, trade dress or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
12. Third Party Sites and Content. The Service may contain (or you may be presented with through the Service) links to other web sites (“Third Party Sites”) as well as Content belonging to or originating from parties other than us or our Users (the “Third Party Content”). For example, these Third Party Sites may include links to testing providers for hormone or other sensitivity testing services provided through the Service, social media platforms linked through the Service, third party payment processors, third party e-commerce providers and booking systems. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content available on the Service, including, without limitation, the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. The inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites, you do so at your own risk and you acknowledge and agree that our terms and policies do not govern same. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Service. Reference on the Service to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply (a) endorsement, sponsorship or recommendation thereof by, or (b) or any affiliation thereof with the HEAL Companies.
13. Modifications to Service. We reserve the right at any time and from time to time to perform maintenance on, to add to, to remove from, to make upgrades and updates to, to suspend, and to modify the Service or any part thereof with or without notice. NOTWITHSTANDING ANY PROVISION HEREIN, YOU AGREE THAT WE SHALL NOT BE LIABLE IN ANY MANNER TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MAINTENANCE, ADDITION, REMOVAL, UPGRADE, UPDATE, SUSPENSION OR MODIFICATION.
14. Advertisements. We may run advertisements and promotions on the Service. You agree that we have the right to run such advertisements and promotions. The manner, mode and extent of advertising by us on the Service is subject to change in our sole discretion.
15. General Practices regarding Use and Storage. You acknowledge that we may establish general practices and limits concerning use of the Service, including, without limitation, the maximum number of days that User Content will be retained by the Service, the maximum number of User Content that may be transmitted, posted, shared, used, copied, or otherwise made available on the Service (whether per User Account or globally), the maximum size of any User Content, the maximum disk space that will be allotted on the Service servers on any User's behalf, and the maximum number of times (and the maximum duration for which) any User may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content and other communications or Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off or otherwise disconnect any User Account that is inactive for an extended period of time in our sole discretion.
16. User-and-User Disputes. 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 and to take any action with respect to any User Account pertaining to such Users, in our sole discretion.
(a) No Responsibility for Others’ Content. We are not responsible or liable in any manner for any User Content or Third Party Content available on the Service, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Service. Although we provide this Agreement and other policies and rules for User conduct, we do not control and are not responsible for our Users’ actions and are not responsible for any Content you may encounter on the Service, be it User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in this Agreement, the HEAL Companies have no responsibility to monitor any User Content or Third Party Content.
(b) Availability. The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Service) or combination thereof.
(c) AS IS; AS AVAILABLE. THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THE HEAL COMPANIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE HEAL COMPANIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE HEAL COMPANIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. THE HEAL COMPANIES DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
(d) Not Providing Medical Services. The HEAL Companies are not providing any medical physician services through the Services and expressly disclaim any liability for any undue reliance on the Services for healthcare advice. You understand and agree the foregoing and acknowledge that you are not entitled to rely on such Services for medical or healthcare assistance. You are encouraged to consult a medical professional for any further information on how you may benefit from the Services or for any healthcare or medical advice generally or with regard to a specific concern. The HEAL Companies provide only general naturopathic and holistic nutrition services, and no individual providing such services does or is required to hold a licence to practice medicine from the applicable College of Physicians and Surgeons. Certified Nutritional Practitioners (“CNP”) provide holistic nutrition Services and hold a diploma in Applied Holistic Nutrition, recognized and approved by the Certified Nutritional Practitioners Council of Canada. Registered Holistic Nutritionists (“RHN”) may also provide holistic nutrition Services. Both CNP and RHNs are not government regulated.
(e) Holistic Nutrition. You understand and acknowledge that holistic nutrition is a natural approach to health that uses evidence-based techniques for diet, lifestyle and detoxification. The goal of holistic nutrition is to empower and educate the client into improving their health with the use of nutrient dense foods, natural supplementation and lifestyle recommendations. Holistic nutrition is an unregulated service provided by unregulated practitioners who are not medical physicians.
(f) Naturopaths. Naturopaths are regulated by their respective jurisdiction’s College of Naturopathic Physicians. Although naturopathy is often a designated health profession under various Health Professions Acts, it is not regulated by the respective College of Physicians and Surgeons.
18. Limitation on Liability. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND, THEN, ONLY TO THE STRICT EXTENT OF SUCH RESTRICTION), IN NO EVENT WILL THE HEAL COMPANIES, OR THEIR DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU, YOUR HEIRS, SUCCESSORS, REPRESENTATIVES OR ASSIGNS, OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST OPPORTUNITIES, LOST PROFITS, LOST DATA, DEATH, MEDICAL ILLNESS OR RELATED HARMS, ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICE, THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SITES), EVEN IF THE HEAL COMPANIES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE HEAL COMPANIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE HEAL COMPANIES FOR THE SERVICE DURING YEAR IN WHICH YOUR SUCH CAUSE AROSE, BUT IN NO CASE WILL THE HEAL COMPANIES' LIABILITY TO YOU EXCEED $100.00. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO THE HEAL COMPANIES FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE HEAL COMPANIES, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
20. Copyright, Intellectual Property and Content Complaints. If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, or if you otherwise object to any User Content that you find on the Service, you may send a written notification to firstname.lastname@example.org, our designated agent for copyright and other complaints:
by phone: 604.499.1451 (for general inquiries only; complaints must be written)
by e-mail: email@example.com
by regular mail:
HEAL Wellness Inc.
7-232 6th St. East, North Vancouver, British Columbia, V7L 1P5
The notification must be a written communication that includes the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
(c) if the complaint is about objectionable content, the reasons for the objection;
(d) identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(e) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(f) a statement that the information in the notification is accurate; and
(g) if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (i) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (ii) the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
21. Abuser and Repeat Abuser Policy. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers of intellectual property or users or posters of objectionable content. We may also, at our sole discretion, limit access to the Service or terminate the User Account of any User who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement, or otherwise uses or posts objectionable content through the Service.
22. Governing Law; Venue and Jurisdiction. You agree that the laws of the Province of British Columbia, Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. You hereby irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia with respect to any dispute hereunder.
23. Indemnity. You agree to indemnify and hold the HEAL Companies and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content and any Third Party Content, your use of the Service, your conduct in connection with the Service or with other Users of the Service, or any violation of (a) this Agreement , (b) any law, or (c) any right of any third party.
24. Submissions. Notwithstanding any term herein related to User Content, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (collectively, “Submissions”), provided by you to us are non-confidential and shall become the sole property of the HEAL Companies, who shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination thereof for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
25. Electronic Communications. When you use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to the email address attached to your User Account through your Registration Data or by posting notices on (a) the Service at-large, or (b) into your personal message centre available on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
27. Interpretation. Headings are for convenience only and shall not be used to interpret, or as a guide for interpretation of, this Agreement. The word “or” is not exclusive and the word “including” is not limiting (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto). A word importing the masculine gender includes the feminine and neuter, a word in the singular includes the plural, a word importing a corporate entity includes an individual, and vice versa and “person” will mean an individual, partnership, corporation (including a business trust), joint stock company, trust unincorporated association, joint venture, or other entity or a government or any agency, department or instrumentality thereof and vice versa.
28. Other. This Agreement constitute the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Site or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, unlawful, void or unenforceable for any reason, that provision shall be deemed severable and the remainder of this Agreement shall continue in full force and effect. This Agreement shall enure to the benefit of, and be binding upon, parties hereto and their respective heirs, executors, administrators, successors, and assigns.
29. English Language. The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soinet rédigés en anglais.
End of Terms of Service (Last Updated: October 19, 2018)