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1. Purpose
Welcome to the Shiftworkers Health website (the "Site"). This Shiftworkers Health Terms of Use Agreement ("Agreement") sets forth the agreement between Shiftworkers Health Inc. (“Shiftworkers Health”), Shiftworkers Health’s affiliated companies (together "We", "Us", or "Our") and each user ("User", "Your" or "You") governing the use by you of the Site and the Shiftworkers Health Privacy Policy (“Privacy Policy”). Please read this agreement carefully and fully before using the Site, or disclosing to us any personal information.
By using the Site or disclosing to us any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, PARTICIPATE IN THE REWARDS PROGRAM OR REVIEWS PROGRAM, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
The terms of use contained within this Agreement may change periodically and may be revised at any time and from time to time at our sole discretion by updating this posting. You should visit this page from time to time to review the then current terms of use because they are binding upon you. Your continued use of the Site means that you accept any changes or modifications to this Agreement. If any modification is unacceptable to you, your only recourse is to terminate this Agreement by contacting Customer Service. Certain provisions of the terms of use contained within this Agreement may be superseded by legal notices or terms located on particular pages of the Site.
2. Not Healthcare Advice
The products and claims made about specific products on or through use of the Site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
The Site is not intended to provide diagnosis, treatment or medical advice. Products, services, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. Please consult with a physician or other healthcare professional regarding any medical or health related diagnosis or treatment options.
Information provided on the Site and linked websites, including information relating to medical and health conditions, treatments and products may be provided in summary form. Information on the Site including any product label or packaging should not be considered as a substitute for advice from a healthcare professional. The Site does not recommend self-management of health issues. Information on the Site is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment. Contact your healthcare professional promptly should you have any health related questions. Never disregard or delay medical advice based upon information you may have read on the Site.
Links to or access from any third party websites or resources is not an endorsement of any information, product or service. We are not responsible for the content or performance of any third party websites. Use of any third party websites is at your own risk.
You should not use the information or services on the Site to diagnose or treat any health issues or to prescribe any medication or other treatment. You should always consult with your healthcare professional and read information provided by the product manufacturer and any product label or packaging prior to using any medication, nutritional, herbal or homeopathic product or before beginning any exercise or diet program or starting any treatment for a health issue. Individuals may react differently to different products. You should consult your physician about potential interactions between medications you are taking and nutritional supplements. Comments made in any forum on the Site by employees or Site users strictly represent those individuals’ own personal views made in their own personal capacity and are not claims made by us, nor do they represent our positions or views. Product ratings by any current or previous employees or Site users strictly represent those individuals’ own personal views made in their own personal capacity and are not intended as a substitute for appropriate medical care or advice from a healthcare professional.
Always check the product label or packaging prior to using any product. If discrepancies are discovered, customers should follow the information provided on the product label or packaging and contact the manufacturer directly for clarification as to product labeling, packaging details and recommended use.
We are not liable for outcomes associated with reliance upon any information provided on the Site regarding supplement recommendations for any health purpose. Products or claims made on the Site about specific nutrients or products have not been evaluated by the Food and Drug Administration. Consult with a healthcare professional before starting any diet, supplement or exercise program. We make no guarantee or warranty with respect to any product or service sold. We are not responsible for damages resulting from reliance on information or services provided even in the event that we have been advised of the possibility of resultant damages.
3. Authority
By using the Site, you represent and acknowledge that you are at least 18 years of age or older and are fully able and competent to consent to and understand the terms, conditions, representations and warranties set forth in this Agreement; otherwise, please discontinue use of the Site immediately. The Site is not intended or designed to attract users under the age of 18. We do not knowingly collect personal information from any under the age of 18. If you are under the age of 18, we do not consent to acceptingany personal information disclosed to us through the Site.
The Site is operated from within Canada and personal information sent to us is governed by the privacy laws of Canada. We make no representation that the Site or its contents (including, without limitation, any products or services available on or through the Site) are appropriate or available for use in other locations. If you access the Site from outside Canada you do so at your own initiative and bear all responsibility to comply with applicable local laws. Upon accessing or using the Site, you agree you will not use the Site contents or products in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Users from the European Union and other countries are advised not to disclose personal information to us unless express acknowledgment is given beforehand that Canadian laws apply to use of the Site and express consent is given for to the use and disclosure of personal information in a manner consistent with our Privacy Policy.
4. Site Usage & Termination
Upon acceptance of the terms of this Agreement, you acknowledge that you are required to establish an account on the Site in order to use certain features, such as making a purchase. Upon establishing an account on the Site, you agree to provide accurate, true, complete and current information about yourself as prompted by the Site and to update such information without delay in order to provide us with accurate, true, complete and current information. If you provide us with any inaccurate, false, incomplete or outdated information, or if we suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you.
During the registration process you will create a username and password. You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all associated activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or of any other security breach and to ensure that you log out from your account at the end of each session.
Upon acceptance of the terms of this Agreement,you agree to be responsible for all charges associated with use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
Upon acceptance of the terms of this Agreement,you agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would entrain civil liability, infringe on other's intellectual property rights or otherwise violate any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operations or that would infringe on any use of the Site by others.
Upon acceptance of the terms of this Agreement,you agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site through frames or similar means on another website without our prior authorization is strictly prohibited and will result in suspension or termination of your account and permitted use of the Site. Any permitted and posted links to the Site must comply with all applicable laws, rules and regulations.
You acknowledge that we make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside Canada, or that this Agreement complies with the laws of any other jurisdiction. Users of the Site from outside Canada use the Site contents at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where contents of the Site may be illegal. You agree that you, not us, are responsible for compliance with all applicable laws and regulations while using the Site.
This Agreement remains effective until terminated by either us or you. We, in our sole discretion, may suspend or terminate this Agreement at any time without notice and deny you access to the Site or any portion of it. You may terminate this Agreement at any time by contacting Customer Service and discontinuing all use of the Site. Upon termination by us or you, you agree to destroy all materials obtained from the Site including all copies of such materials, whether made pursuant to the terms of use contained within this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion of it with or without notice. We are not liable to you or to any third party for consequences associated with any modification, suspension or discontinuation of the Site.
We reserve the right to immediately terminate your account associated with the Site if any order placed under your account is fraudulent or associated credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, applicable laws or regulations or is harmful to another user or to us or our affiliates.
Upon acceptance of the terms of this Agreement, you agree to the continued validity and application of the following clauses within this Agreement despite any termination of the Agreement either by us or you: 6. Privacy Policy, 7. Liability Disclaimer, 11. Severability; Interpretation, and 13. Miscellaneous.
5. User Content and Conduct
Wherever applicable on the Site, you are permitted to post your own content ("User Content"). Upon acceptance of the terms of this Agreement, you represent that you understand that you are solely responsible for any content you post to the Site. You alone assume all risks associated with your posted content and you alone assume liability for all outcomes associated with any third party reliance on the accuracy, truthfulness or reliability of your posted content or any disclosure of information within your posted content on the Site that renders you identifiable. You acknowledge that, once published, your content may not be able to be withdrawn from the Site. You agree to refrain fromimplying within your posted content on the Site that any information or representations made within your posted content is endorsed by us. You acknowledge that, upon posting your own content on the Site, you may expose yourself to liability if information contained within your content is false, defamatory, intentionally misleading, violates any third-party right including copyright, trademark, patent, trade secret, privacy right, right of publicity or any other intellectual property or proprietary right or is unlawful or violates or advocates the violation of any law or regulation. You acknowledge that we do not guarantee that your content will not be misused by other users. If you have information you wish to keep confidential and/or do not want others to use, we recommend that you refrain from posting it to the Site. You acknowledge that ee will not be held liable for damages incurred in association with any user content, including any errors or omissions or any loss or damage incurred resulting from the use of any user content in any manner posted to the Site. You agree that we are not responsible for any user's use or misappropriation of any content you post to the Site.
Upon acceptance of this Agreement and posting user content to the Site, you hereby grant (or warrant that the owner of such rights has expressly granted) us perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, host, store, reproduce, adapt, publish translate, edit, sub-license, modify, create derivative works from, communicate, publish, publicly display and distribute such content or incorporate such content into any form. The foregoing grant includes, without any limitation, any copyright or other intellectual property right in and associated with your user content. You represent and warrant that the content you posted does not violate any privacy or publicity right, copyright, contract right or any other right including moral right of any person. You agree to pay for all royalties, fees and any other amounts owed to any person by reason of any content you posted to the Site. The foregoing license granted to us persists even upon your termination of use of our Site.
Upon acceptance of this Agreement, you acknowledge that you understand that we may preserve user content and may disclose user content to third parties if required to do so by law, or if we in good faith believe that such preservation or disclosure of user content is reasonably necessary to comply with any legal process, enforcement of this Agreement, response to any claim that any user content violates the rights of third-parties, or to protect the rights, property or personal safety of us, our users and/or the public. You acknowledge that you understand that technical processing and transmission of any content on the Site, including your user content, may require transmission over different networks or require changes to conform to technical requirements of any connecting device or network.
Upon acceptance of the terms of this Agreement, you acknowledge that your content postings, including ideas, opinions and disclosures, are voluntary and that no confidential or contractual relationship is established upon the posting of your content or upon review or use of your posted content. You acknowledge that we are not liable for any disclosure of any user content, including opinions or suggestions, that you may post to the Site and thatwe are entitled to unrestricted use of any user content we may receive for any purpose, commercial or otherwise, without compensation to you as the content provider.
Upon acceptance of the terms of this Agreement, you agree to refrain from using the Site to:
a. post or otherwise transmit any user content that is harmful, false, unlawful, obscene, defamatory or otherwise objectionable;
b. harass, stalk or otherwise abuse any other individual, including other Site users;
c. impersonate any person or entity or misrepresent your affiliation with any person or entity;
d. inflict harm upon any person of minority age;
e. attempt to disguise the origin of any user content posted to the Site;
f. post or otherwise transmit any user content for which you do not hold the right to transmit under any law, contractual or fiduciary relationship;
g. post or otherwise transmit any user content that infringes on any patent, copyright, trademark or other proprietary right held by any party or post or otherwise transmit any protected Site material;
h. post or otherwise transmit on or through the Site any unsolicited advertising, promotional materials, spam, junk mail, information pertaining to pyramid schemes or any other form of solicitation;
i. post or otherwise transmit any content that contains viruses, Trojan horses, or any other harmful, disruptive or destructive material that may limit the functionality of any computer software, hardware or telecommunications equipment or that interferes with any third party use of the Site;
j. collect data concerning other Site users;
k. gain access to unauthorized areas of the Site, including Site servers or associated networks.
Upon acceptance of the terms of this Agreement, you acknowledge that we will terminate the account and/or block access by any Site user who has infringed upon any intellectual property right held by any person while using the Site. You acknowledge that you understand that upon use of the Site, you may be exposed to other user content that may be indecent or otherwise objectionable. You acknowledge that we do not endorse or assume control over user content, that user content does not represent view or opinions held by us, and that user content is not reviewed by us prior to posting. You acknowledge that we make no representations or warranties, express or implied, with regard to the accuracy or reliability of user content or any other material or information you may obtain from the Site and that we are not responsible for monitoring the Site for inappropriate user content or conduct. Should we choose at any time, based on our sole discretion, to monitor the Site, you acknowledge that we nonetheless assume no responsibility for such user content, and that we assume no obligation to modify or remove any inappropriate user content nor responsibility for the conduct of any Site users submitting such user content. Notwithstanding the foregoing, you acknowledge that we hereby reserve the right to remove any user content that is posted in violation of this Agreement or that is otherwise objectionable based on our sole discretion. You hereby agree to personally evaluate user content and to bear all risks associated with the use of any user content on the Site, including risks associated with reliance on any accuracy, completeness or usefulness of such user content. In this regard, you hereby acknowledge that you may not be in a position to rely on any user content risk-free. You hereby acknowledge that you are solely responsible for your interactions with other Site users. You acknowledge that we, in our sole discretion, reserve the right without assuming any obligation to monitor communications between you and other Site users and to terminate your Site access at any time with or without notice.
Upon acceptance of the terms of this Agreement, you agree to assume liability and indemnify us for any and all third party claims, damages, losses, and causes of action that arise in any way from or as a result of your posting of any content or materials on the Site or from your failure to comply with the terms of this Agreement. You hereby agree to cooperate as fully as reasonably required in the defense of any claim associated with use of the Site. You acknowledge that we reserve the right to exclusively assume the defense and control of any matter subject to indemnification by you, in which case you will be required to indemnify us for all associated legal fees and expenses in addition to compensation for all associated losses, claims, damages and liabilities incurred by us.
Upon acceptance of the terms of this Agreement, you acknowledge that we cannot and do not as a matter of standard practice review all communications and content posted by users or uploaded to the interactive areas of the Site. You acknowledge that we will not be held responsible for the content of any communication or material posted or uploaded to the Site, and that we reserve the right to block, move, delete, edit in whole or in part any content submitted by you to the Site that we in our sole discretion determine to be fraudulent, deceptive, misleading, abusive, obscene, defamatory or a violation of a copyright, trademark or any other intellectual property third party right, or that is otherwise unacceptable to us. You acknowledge that any content posted to interactive areas of the Site should not be construed as professional healthcare advice or instruction.
6. Privacy Policy
Your privacy and security are a top priority at Shiftworkers Health Inc. We do not and never will rent, lease, or sell any customer information.
You hereby acknowledge that upon submission of personal information on the Site, you thereby simultaneously provide consent to the manner in which we collect, use, disclose or otherwise manage your submitted personal information, as detailed within the following (a-k):
a. Collection and Use of Personal Information:
You hereby acknowledge that we may collect personal information that you provide to us when you: (a) purchase, order, return, exchange or request certain information about our products and services; (b) contact a call center or Customer Service; (c) visit or register with our Site or participate in another feature of our Site; (d) enter into a contest or sweepstakes or respond to one of our surveys; or (e) provide us with comments or suggestions. We take reasonable and appropriate steps to protect your personal information from unauthorized disclosure or access. However, you acknowledge that we make no guarantee or representation that data transmitted over the Internet or stored on any server associated in any way with the Site will be 100% secured to prevent third party access. Therefore, while we strive to protect your privacy and personal information to the best of our ability, you acknowledge that we do not hereby guarantee the security of any information transmitted or disclosed to us online. You acknowledge that we will not be held responsible for the disclosure, destruction or theft of your personal information. If you opted to register on the Site by selecting a password for your account, you acknowledge that your online account information will be protected by your password of choice. Creating challenging passwords such as those with alphanumeric combinations is advisable. You hereby acknowledge that it is inadvisable to disclose your chosen password to any third party. You further acknowledge that you are solely responsible for maintaining the confidentiality of your account and password and that you assume full responsibility for all activities that occur in connection with your account and password.
b. Cookies:
To sustain functionality of the Site, it is necessary to employ the use of “cookies” which, upon use thereof, leads to the storage of small amounts of data on your personal computer when you visit the Site. Cookies assist us in tracking user-preferred Site features and enable us to customize our content according to user preferences. You hereby acknowledge that upon accessing the Site, you have the option to accept or decline cookies by modifying your browser settings. Our Site is nonetheless operational even upon refusal to accept cookies sent to your browser from the Site. However, you hereby acknowledge that if you choose to disable cookies sent to your browser from the Site, certain Site feature functionality, such as account login and checkout, may be impaired.
You hereby acknowledge that we may use cookies for a variety of purposes with respect to your use of the Site, including but not limited to: tracking preferences you specify while you use the Site, delivering advertisements and content deemed relevant to your interests; providing general internal and customer-related analytics, maintaining information transmitted to us in both identifiable and anonymous forms, accessing your information when you "sign in" to provide you with customized content; conducting research to improve our content, products and services, supporting security measures, such as requiring re-logging into the Site, following the lapse of a certain duration of inactivity on your account, and/or assisting in identifying suspected fraudulent activity.
You hereby acknowledge that the technology employed by the Site in part relies on the use of internet “cookies” which are stored on your hard drive in the form of a text file, and most of which are “session cookies” that become automatically deleted upon closure of your browser. However, you also hereby acknowledge that some of the cookies employed during use of the Site are “persistent” and do not expire upon browser closure. Typically, persistent cookies allow us to provide targeted information concerning products and pricing, You hereby acknowledge that persistent cookies can be easily removed from your personal computer upon following the relevant instructions your browser help file. While you acknowledge that statistical data will be collected upon Site use, you also recognize that we do not sell, rent or lease any of your personal information sent to us through use of the Site.
c. Promotional Information and Marketing Materials:
You hereby acknowledge that, from time to time, we may inform you of products and services, sales and special offers that might be of benefit to you. Upon online registration or participation in a survey on the Site, you acknowledge that you will be given the opportunity to sign up for e-mails about our products, services, sales and special offers, and that we may send you mail, email or call you to provide you with information about our product and service offerings upon receipt of your personal information, such as your name,address, email address or telephone numbers.
d. Secure Ordering:
Upon submission of your personal information on our website, you acknowledge that your information will be protected both online and offline. We will only utilize your credit card number, without accessing your actual credit card information, to issue credits and never to process actual charges. Only users will maintain the ability to produce a charge using the provided credit card number by placing an order in that users’ password-protected account.
You hereby acknowledge that while browsing on a secure Site page hosted by a secure data facility, such as our online order form, the lock icon of your web browser will appear and the 'http' component of the web address displaying on your browser will change to 'https.' You affirm that you understand that these changes indicate that the connection between your web browser and our web server has become secured.
You hereby acknowledge that when you submit sensitive information, such as a credit card number, such information will be encrypted and protected through encryption software that meets or exceeds industry standards (Secure Socket Layer).
e. Shiftworkers Health & Third Parties:
As users visit our websites, we collect information concerning such visits in a way consistent with common industry practices. We collect such information to improve delivery of information and services to our users. To collect this information, we utilize technology to aid in website management provided to us from third party companies, such as Google Analyticsprovided to us by Google.. You hereby acknowledge that such software will be employed to evaluate, anonymously and in aggregate, how users, including you, use the Shiftworkers Health family of websites. You hereby acknowledge that upon use of the Site, the aforementioned software will provide us with information about your device, such as your computer, tablet, or smartphone, the type of browser you use, such as Chrome, Safari, Firefox, and the operating system you use, such as Windows, Macintosh, Android, or iOSin order to ensure Site functionality is optimized with respect to the technologies the majority of users are using to access the Site.
f. Disclosure of Personal Information:
We enter into marketing relationships with advertisers or other companies that provide products or services that we believe may be of interest to our customers. You hereby acknowledge that we may provide your personal information to any of these affiliated businessesand that we may send you mail, email or call you with information about products and services offered by these advertisers or other companies upon receiving of your name, address, email address and/or telephone numbers.
g. Access to Personal Information by Companies that Work with or on Behalf of Shiftworkers Health:
Some of our operations, such as our electronic commerce, may be managed by service providers who are unaffiliated companies. These companies may share user personal information with their affiliates and service providers with whom they engage to perform services related to our Site or business operations. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web site evaluation, data analysis and, where applicable, data cleansing. You hereby acknowledge that these companies may obtain access to your personal information on a confidential basis only to the extent necessary to provide services to us and our users. We will not, under any circumstance, authorize the aforementioned companies to use your personal information for any reason other than to provide you or us with those specific services.
If purchases made on the Site are shipped to you, you acknowledge that your shipping information will be shared with our delivery service providers, such as United States Postal Service, UPS, or any other delivery company we or you may select. Our delivery service providers are expressly instructed not to utilize your personal information for any purpose other than carrying out the delivery pursuant to purchase made on the Site.
h. Sale of Business:
In the event that we or some of our assets are sold or transferred or offered as security, you hereby acknowledge that your personal information may be transferred to third parties as part of that transaction.
i. Disclosures of Personal Information in Legal Proceedings:
You hereby acknowledge that if, upon notice by law enforcement officials or judicial authorities, we or any of our service providers is requested to provide user personal information, we or the relevant service provider may, without user consent, provide such information. In matters involving claims of personal or public safety, we or the applicable service provider may provide your personal information to appropriate authorities without your consent or without engaging appropriate judicial procedures. You also acknowledge that we or our service providers will also provide your personal information in response to presentation of a search warrant, inquiry, or any other valid legal instrument, and that we will provide your personal information to an investigative body in the event of breach of a valid agreement, a contravention of law, or upon initiation of litigation involving us or the applicable service provider, or in any other case as required by law. You understand that we may also disclose your personal information to assist in debt collection in the event that you owe an outstanding debt to us.
j. Privacy Policy and Outside Links:
You hereby acknowledge that this Privacy Policy only applies to activities related to the Site, and that our Site may display links to the websites of our business partners, vendors and/or advertisers. You acknowledge that any activities relating to these external websites are beyond our control and that you are aware that these external websites may collect information about you and operate according to their own privacy practices and policies which may differ from those contained in our Privacy Policy for the Site. It is advisable to consult that external website's particular privacy policy because once you navigate outside the Site, any information you submit is no longer within our control.
k. Privacy Policy Modifications:
You hereby acknowledge that from time to time we may modify or amend our Privacy Policy in order to comply with new laws or regulations or to enact changes to our business practices. Any change made to our Privacy Policy will be communicated on the relevant page (#insert link here#). We may instead or in addition post a notice on our Site or send an email describing the upcoming changes. It is advisable to review our Privacy Policy page on occasion.
7. Liability Disclaimer
YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED WITHIN THIS AGREEMENT. SHIFTWORKERS HEALTH AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNEES (COLLECTIVELY, "SHIFTWORKERS HEALTH ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SHIFTWORKERS HEALTH ENTITIES MAKE NO WARRANTY FOR THE FOLLOWING: THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THAT RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND THAT ANY SITE ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM SHIFTWORKERS HEALTH ENTITIES OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL PRODUCTS AND SERVICES PURCHASED THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHIFTWORKERS HEALTH ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SHIFTWORKERS HEALTH ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, AND CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND PURSUANT TO FAILURE TO FOLLOW PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHIFTWORKERS HEALTH ENTITIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY AS A PUBLISHER OF INFORMATION, RESELLER OF ANY PRODUCT OR SERVICE, FOR ANY DEFECTIVE PRODUCT, FOR ANY INCORRECT OR INACCURATE INFORMATION, FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR FOR ANY OTHER MATTER RELATING TO THE SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IN THE EVENT THAT SHIFTWORKERS HEALTH ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN SHIFTWORKERS HEALTH AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WILL NOT BE PROVIDED WITHOUT ACCEPTANCE AND ACKNOWLEDGMENT OF SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY SHIFTWORKERS HEALTH ENTITIES MAY ATTRACT FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM SHIFTWORKERS HEALTH ON THE SITE.
BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
8. Indemnification:
Upon acceptance of the terms of this Agreement, you agree to indemnify, defend and hold harmless Shiftworkers Health from and against all losses, expenses, costs and damages, including legal fees resulting from your use of or contact with the Site, your use or your inability to use the Site or related services, any products or services purchased or obtained by you in connection with the Site, any Site postings or activity related to your account made by you or another person, your violation of any terms of this Agreement, your violation of any third party right or rights, or your violation of any applicable laws, rules or regulations. You hereby agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to exclusively assume defense and control of any matter subject to indemnification by you, in which event you will nonetheless be required to indemnify us for any associated legal fees and expenses in addition to compensation for any losses, claims, damages and liabilities incurred by us. You acknowledge that you shall not in any event settle any matter between us and you without prior written consent of Shiftworkers Health.
9. Copyright, Trademarks and other Intellectual Property
You hereby acknowledge that all materials on the Site, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, "Materials"), are our property and are subject to and protected by Canadian and international copyright and other intellectual property laws or regulations. All trademarks, service marks, trade names, and logos (collectively, "Marks") contained on the Site, including, without limitation, Shift Workers Health, are the sole property of Shiftworkers Health and may not be copied or otherwise used, in whole or in part without the prior written authorization of Shiftworkers Health. You further acknowledge that all page headers, custom graphics and custom icons are Marks of Shiftworkers Health and may not be copied or otherwise used, in whole or in part without the prior written authorization of Shiftworkers Health. Any other copyrights, trademarks, product names, company names, logos or intellectual property displayed in association with the Site remain the property of the respective owners with all rights reserved. Any unauthorized use of any Materials or Marks owned by Shiftworkers Health is considered an infringement of our intellectual property rights, including patent rights, and will be legally pursued as such.
10. This agreement
By agreeing to the terms of use contained in this Agreement, you agree that you will not use any text, photos, likenesses or any other copyrighted or protected material belonging to Shiftworkers Health or to any other third party without the prior express written consent of Shiftworkers Health.
Agreement:
You hereby acknowledge that this Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement and thatthis Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
11. Severability; Interpretation
You hereby acknowledge that if any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will become severed from this Agreement and the remainder of this Agreement will remain in full force. Wherever used within this Agreement, the term "including" will be deemed to be followed by the words "without limitation".
You acknowledge that the division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
You acknowledge that this Agreement as it may be amended from time to time and any and all other legal notices and policies posted on the Site constitute the entire agreement between you and Shiftworkers Health Entities with respect to the use of the Site and its contents.
12. Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver:
You hereby agree that all questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the laws of Canada, without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you and Shiftworkers Health Entities hereby agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement.
YOU AND SHIFTWORKERS HEALTH ENTITIES HEREBY EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT IN YOUR AND ITS/THEIR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND AGREE THATTHE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise made between you and Shiftworkers Health Entities to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other adjudicative bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Any arbitration between you and Shiftworkers Health Entities will be conducted in British Columbia, Canada, by a single neutral arbitrator and in accordance with the current rules applicable to the resolution of disputes issued by the Canadian Arbitration Association (available online at canadianarbitrationassociation.ca). The parties are entitled to representation by a lawyer or another representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions upon which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
You and Shiftworkers Health Entities shall bear the costs of the arbitrator, forum and filing fees on an equal basis. The prevailing party, as determined by the arbitrator, shall be entitled to an award of reasonably incurred legal fees.
13. Miscellaneous:
Upon acceptance of the terms of this Agreement, you acknowledge that you do not hold the right to assign this Agreement to any third party, by operation of law or otherwise, without our express prior written consent. Subject to that restriction, this Agreement will be binding upon, inures to the benefit of and be enforceable against the parties and their respective successors and assignees.
Any failure of Shiftworkers Health Entities to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit to that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You hereby agree that, regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or will be permanently barred. The "Liability Disclaimer" provisions of this Agreement are for the benefit of Shiftworkers Health Entities as defined herein, and each of these individuals or entities reserves the right to assert and enforce these provisions directly against you on its own behalf.
14. Contact Us:
If you have any questions about this Agreement, contact our Customer Service.
© Shiftworkers Health, Inc, 2016, Canada Shiftworkers Health logo (below), 'Awake' and 'Asleep' are the trade-marks of Shiftworkers Health Inc.
