Health & Safety Watch Inc. Privacy Policy

(Last Updated on April 23, 2012))

Health & Safety Watch respects the privacy of all of its users and is committed to protecting such privacy in accordance with this Privacy Policy. This Privacy Policy explains Health & Safety Watch Inc. and its affiliate Intelligent Health Solutions Inc., (collectively, "Health & Safety Watch") treatment of your personally identifiable information collected in connection with your activities on or related to all Health & Safety Watch websites and applications referencing this Privacy Policy (the "Health & Safety Watch Sites") and all services made available on the Health & Safety Watch Sites (collectively, unless noted otherwise, the "Health & Safety Watch Services"). This Privacy Policy also explains how you can ask questions and make suggestions about our privacy practices and review and update your personal information.

We urge you to read this Privacy Policy carefully and to check back periodically as this Privacy Policy may change from time to time. Please note that this Privacy Policy does not apply to the practices of companies or websites which are not owned or controlled by Health & Safety Watch including, without limitation, those whose URLs appear on any Health & Safety Watch Site or those whose links are provided on any Health & Safety Watch Site. You should check the Privacy Policies on any other site you go to before giving any information about yourself or downloading anything from that site.

In the course of operating the Health & Safety Watch Services, we may collect two types of information about our users: Personal Information and Non-Personal Information.

"Personal Information" is personally identifiable information, such as your name, address, email address, birth date and gender. Personal Information is collected by us when you choose to provide it to us when registering for a Health & Safety Watch Service, such as when you choose to subscribe to a Health & Safety Watch Service, enter a Health & Safety Watch promotion or choose to receive a Health & Safety Watch email. In addition, if you choose to contact any of our customer service representatives, we may keep a record of that correspondence so that we may fully address the subject matter. We may also receive Personal Information from our business partners and other third parties, provided that such third parties confirm to us that you have permitted them to share such information.

Business contact information such as the name, title, business address, email address or telephone number of a business or professional person or an employee of an organization is not considered Personal Information.

"Non-Personal Information" is information of an anonymous nature, such as your Internet Protocol Address (IP Address), the domain you may have used to access a Health & Safety Watch Service, the type and version of browser or operating system you may be using, and the website you may have come from and visit next. Aggregate information, such as demographic statistics of our users (e.g. average age or geographical allocation of our users), number of visitors and average time spent on a Health & Safety Watch Service, is also considered Non-Personal Information. This may also be known as “anonymous” or “aggregated” information.

Non-Personal Information is collected or derived by us in the course of operating the Health & Safety Watch Services. For example, our Web servers may automatically collect Non- Personal Information which is provided through your browser or stored on a Cookie (as defined herein) or through a Web Beacon (as defined herein) when you choose to visit a Health & Safety Watch Service. Non-Personal Information is used by Health & Safety Watch as described in this Privacy Policy.

Personal Information may be used by us for the following purposes:

a. Providing you with the Health & Safety Watch Services and information you have requested from us, including your use of the Health & Safety Watch Sites. We may from time to time use your Personal Information to contact you about changes, enhancements or similar notices related to the Health & Safety Watch Services;

b. If you indicated that you were interested in receiving offers or information from Health & Safety Watch or certain of our selected sponsors or advertisers, Health & Safety Watch may send you email materials and other mailings about products and services that we feel may be of interest to you. If at any time you would like to end your subscription to any such email materials, follow the directions posted at the bottom of the email material;

c. Health & Safety Watch may also use Personal Information if it has reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law or in order to protect or defend a legal interest.

We will not sell or rent your Personal Information to anyone.

We will only disclose your Personal Information to third parties:

a. Where you have specifically given us your consent to disclose your Personal Information for a designated purpose;

b. Who are acting on our behalf as our agents, suppliers or service providers, solely to enable us to more efficiently provide you with the Health & Safety Watch Services. Such entities act under strict contractual controls, requiring them to maintain the confidentiality of all such Personal Information and to use such information solely for purposes related to the provision of the Health & Safety Watch Services;

c. As may be set out in the Terms and Conditions applicable to a Health & Safety Watch Service, to facilitate the provision of such Health & Safety Watch Service, such as fulfilling legal requirements;

d. As required by law, including by an order of any court, institution or body with jurisdiction or authority to compel the production of information, or in order to protect or defend a legal interest; or

e. In connection with a Health & Safety Watch corporate re-organization, merger or amalgamation with another entity, or a sale of all or a substantial portion of the assets of Health & Safety Watch provided that the Personal Information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.

A Health & Safety Watch Service may contain links to other websites and services. While we try to link only to sites and services that share our high standards and respect for privacy, please understand that we are not responsible for the content of, or the privacy practices employed by, other companies or websites. This Privacy Policy applies only to the Health & Safety Watch Services referencing this Privacy Policy.

The majority of the advertisements which are displayed in connection with the Health & Safety Watch Services are served through reputable third party advertisement serving partner(s), in accordance with their policies as described on their own website.

The security of your Personal Information is important to us. Health & Safety Watch takes technical, contractual, administrative, and physical security steps to protect Personal Information that you provide to us. We instruct our employees with access to your Personal Information that it is to be used only in adherence with the principles set forth in this Privacy Policy and the laws applicable to each specific business.

You can help protect the security of your Personal Information as well. For instance, never give out your password, since this is what is used to access your account or registration information. Also remember to log out of your account and close your browser window when you finish using a Health & Safety Watch Service or surfing the Web, so that other people using the same computer won't have access to your information.

Due to the insecure nature of e-mail communication and the Internet, we encourage you not to use any Health & Safety Watch Site as a means of communication with Health & Safety Watch or others (i) regarding questions or issues of a medical nature personal to yourself or to anyone else you have identified or who is identifiable; (ii) to relate any personal or medical information about yourself (iii) or for inquiries regarding any services other than those of Health & Safety Watch. E-mail communications regarding such matters will not be responded to and will be discarded unread.

Health & Safety Watch may from time to time change this Privacy Policy as new Health & Safety Watch Services are added or old ones changed. Changes will be effective when notice of such change is posted at a Health & Safety Watch Site. Please check this Privacy Policy regularly for updates.

Upon request, Health & Safety Watch will provide you with the means to review, update, edit or delete any account or registration information you may have provided to us.

If you are unsure whether we have a record containing any of your Personal Information and would like to confirm whether or not we do, please send an e-mail indicating all e-mail addresses that you may have given us.

If you decide at any time that you do not want to receive any e-mail materials to which you have subscribed, you may choose to unsubscribe to these e-mails by following the instructions at the end of the message.

If you have questions, comments or suggestions about this Privacy Policy or Health & Safety Watch's privacy practices that were not answered here, send us an e-mail info@healthandsafetywatch.com.

Non-Personal Information is collected or derived by us in the course of operating the Health & Safety Watch Services. For example, our Web servers may automatically collect Non- Personal Information which is provided through your browser or stored on a Cookie or through a Web Beacon when you choose to visit a Health & Safety Watch Service. In addition, during your visit to our site, we may record choices you have made and use this to provide more customized content or advertising. The data does not identify you and is not retained after your visit. This is sometimes called "clickstream" data. If we do market research studies or polls in any area that will only be reported in aggregate, this will be indicated.

In addition to Health & Safety Watch's practices related to IP Addresses, Cookies or Web Beacons or Clickstream Data, Non-Personal Information is used generally by Health & Safety Watch to monitor and improve the operation of the Health & Safety Watch Services, to perform statistical analyses of the collective characteristics and behaviour of our users, to measure user demographics and interests regarding specific Health & Safety Watch Services, to describe our services to third parties such as prospective sponsors, collaborators and advertisers and to analyze how and where best to use our resources. No Personal Information will be disclosed during these activities.

Health & Safety Watch may also use Non-Personal Information to inform our collaborators, sponsors and advertisers as to the performance of a particular sponsorship or advertisement. In such case we may disclose to those third-party sponsors and advertisers the overall aggregate demographics available regarding, for example who participated in a contest or who saw and "clicked" on an advertisement. No Personal Information will be disclosed to these sponsors and advertisers as part of this process; only information in an anonymous, aggregate form will be disclosed.

An IP Address is the unique number which is assigned to every direct Internet access point. Many IP Addresses can generally be associated with certain Internet service providers or large organizations. IP Addresses do not contain any Personal Information. When you, through your browser, request a web page or similar Internet information from another computer on the Internet, your browser automatically provides that computer with an IP address to which it will send the requested information.

Health & Safety Watch and IP Addresses:

a. Whenever you request a Health & Safety Watch Service web page or certain other similar Health & Safety Watch content, your browser automatically provides our computers with your IP Address, to which our computers will send the requested information. Each such request is logged by our computers with information including the IP Address of the computer that requested the page and is stored by our computers as needed for the purposes described in this Privacy Policy;

b. Health & Safety Watch may use your IP Address to display more appropriate and relevant content and advertising, such as content and advertising based on your geographic area. Aggregate information derived from IP Addresses may be reported by Health & Safety Watch to its advertisers and partners. For example, Health & Safety Watch may report to its advertisers the estimated total number of users accessing a particular Health & Safety Watch Site from a specific city;

c. Health & Safety Watch may use your IP Address to facilitate the diagnoses and remedy of a technical problem reported by you or our technical team.

Health & Safety Watch obtains your consent (an opt-in) before using information from pinpointing technology such as GPS and cell tower information. This information enables Health & Safety Watch Services to establish the approximate location of your mobile device. Location information is only used to improve the relevance of the information provided by Health & Safety Watch Services. Personal mobile device location information is not stored, shared, or used for any other purposes by Health & Safety Watch.

A “Cookie” is a small text file containing a unique identification number that is transferred (through your browser) from a web site to the hard drive of your computer. The Cookie identifies your browser and will NOT let a web site know any personal information about you, such as your name and address. Since Cookies are only text files, they cannot run on your computer, search your computer for other information or transmit any information to anyone. Health & Safety Watch may use Cookies to:

a. Monitor website usage and improve the operation and performance of the Health & Safety Watch Services and to make our Health & Safety Watch Services easier and more convenient to use. For example, Cookies help us remember who you are through your browser settings so that we can offer and provide more personalized services (e.g. language preference). Cookies also allow us to save passwords and preferences for you so that you will not have to re-enter them the next time you visit a Health & Safety Watch Service;

b. Measure aggregate user traffic and demographic statistics related to the Health & Safety Watch Services and advertisements (e.g. number of users, average time spent, average age and similar statistics). This information helps us to better understand when to update, change or offer new services and provides us with details as to the performance of third party advertisements and content. This information may be reported, in aggregate form only, to our current and prospective sponsors, advertisers and business partners. No Personal Information will be disclosed in such reports;

c. Displaying advertisements. Health & Safety Watch and third party advertising providers used by Health & Safety Watch may use Cookies when serving advertisements. Cookies are used on many major web sites. Most browsers are initially set up to accept Cookies.

If you prefer, you can reset your browser either to notify you when you have received a Cookie, or to refuse to accept Cookies. You should understand that while Health & Safety Watch does not require you to use Cookies, certain Health & Safety Watch Services may not function properly if you set your browser to not accept Cookies.

Certain Health & Safety Watch Services may contain electronic images known as “Web Beacons” -- sometimes called single-pixel gifs -- that allow Health & Safety Watch to count users who have visited those pages and to deliver co-branded services. Web Beacons are not used to access your Personal Information; they are a technique used to compile aggregated statistics about Health & Safety Watch Service usage. Web Beacons collect only a limited set of information including a Cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. Certain Health & Safety Watch Service web pages may also contain Web Beacons placed there by our advertising partners to help Health & Safety Watch determine the effectiveness of our Internet advertising campaigns.

If you have any questions pertaining to your personal information, you may contact Health & Safety Watch in any one of the following ways.

In Writing:

Privacy Officer
Health & Safety Watch
PO Box 50070
Tower Street South
Fergus, Ontario
Canada
N1M 3S9

Email: info@healthandsafetywatch.com (place "Attention: Privacy Officer" in the subject line)

Health & Safety Watch Terms and Conditions

(Last Updated on April 23, 2012))

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A HEALTH & SAFETY WATCH SITE.

HEALTH & SAFETY WATCH SITES (WEBSITES AND APPLICATIONS) DO NOT PROVIDE HEALTH OR MEDICAL ADVICE.

By using the Health & Safety Watch Sites (websites and applications), or any of the services available on a Health & Safety Watch Site (collectively the "Services"), you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Health & Safety Watch Site or Service, all as may be modified by Health & Safety Watch from time to time in its sole discretion (collectively, the "Terms and Conditions"). Use of any Health & Safety Watch Site is conditional upon the acceptance by the user, without modification, of all Terms and Conditions.

We may revise these Terms and Conditions at any time by updating this posting. Use of this Web site after the posting of any such modification constitutes your agreement to be bound by the terms and conditions as modified.

The Health & Safety Watch Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters (the "Professional Information"). The Professional Information is provided for informational purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a Health & Safety Watch Site does not replace consultations with a qualified medical, legal or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Health & Safety Watch Inc., including its officers, directors, servants, agents, suppliers and independent contractors, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information

NEITHER HEALTH AND SAFETY WATCH INC AND INTELLIGENT HEALTH SOLUTIONS INC NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, SERVANTS, AGENTS, COLLABORATORS, ADVERTISERS, SUPPLIERS OR INDEPENDENT CONTRACTORS SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE HEALTH & SAFETY WATCH SITES OR THE INFORMATION CONTAINED ON THEM OR ANY OF THEM.

The Content (including any facts, views, opinions, recommendations, description of, or references to, products or services) made available through a Health & Safety Watch Site is: (a) for information purposes only; (b) not to be used or construed as an endorsement, recommendation, or sponsorship of any entity, product or service by Health & Safety Watch; and (c) not necessarily reflective of the views or policy of Health & Safety Watch Inc., including its officers, directors, servants or agents, or of the collaborators, suppliers or advertisers. You acknowledge and agree that any request for information by you is unsolicited and shall not be construed as advice by Health & Safety Watch. You should apply your own judgment in making use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions and you agree to seek the advice of your healthcare professional where appropriate.

You acknowledge that Health & Safety Watch Inc. or any of its associates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a Health & Safety Watch Site.

All material, information and content available on a Health & Safety Watch Site (collectively "Content"), including the manner in which such Content is presented, and the Services are: Copyright © HEALTH & SAFETY WATCH INC., its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Health & Safety Watch grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices.

All material on Health & Safety Watch Sites is copyrighted material and is the property of Health & Safety Watch Inc. unless otherwise stated.

Information on every Health & Safety Watch Site is provided for personal, non-commercial use. Provided that you do not remove, or cause to be removed, any copyright, trademarks, or other proprietary notices or visual marks or logos from the material, you may make a copy of any of the materials on a Health & Safety Watch Site for your personal, non-commercial use only. You may e-mail the information to an individual person who you believe may be interested in the Content for his or her own personal, non-commercial use. Except as permitted above, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials carried on any Health & Safety Watch Site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the materials contained on any Health & Safety Watch Site, whether such is the property of Health & Safety Watch Inc. or any source appearing on or referenced in a Health & Safety Watch Site. Notwithstanding the permission granted above, Health & Safety Watch Inc. reserves complete title and full intellectual property rights in any material that is copied or printed from any Health & Safety Watch Site. Health & Safety Watch does not have the right to authorize you to copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the materials from any website linked outside of a Health & Safety Watch Site. If you wish to make use of any Content accessed through a Health & Safety Watch Site link or through any search services of a Health & Safety Watch Site , you must contact the server and/or owner of the website or link so accessed.

All trade-marks that appear on any Health & Safety Watch Site are the property of their respective owners.

Health & Safety Watch and the design of the words "Health & Safety Watch", are trade-marks of HEALTH & SAFETY WATCH INC. IHS and ihealthsolutions.net and all associated designs and logos are trademarks of Intelligent Health Solutions Inc. Any use of any trademarks appearing on a Health & Safety Watch Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.

You acknowledge that Health & Safety Watch has no obligation to monitor a Health & Safety Watch Site or any content accessible through a Health & Safety Watch Site or any of the Services. However, you agree that Health & Safety Watch has the right to monitor a Health & Safety Watch Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate a Health & Safety Watch Site or any of the Services properly, or to protect itself or its users in accordance with the Privacy Policy.

Certain of the Services and related features made available on a Health & Safety Watch Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features; you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a Health & Safety Watch Site, and (b) all activities that occur under such password or account. Further, you agree to notify Health & Safety Watch of any unauthorized use of your password or account. Health & Safety Watch shall not be responsible or liable, directly or indirectly, 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.

Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a Health & Safety Watch Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.

In consideration of the availability, and your use, of a Health & Safety Watch Site or any of the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using such Health & Safety Watch Site or Service. You acknowledge that Health & Safety Watch may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.

Additionally, you agree not to:

In cases where you have authorized a minor to use a Health & Safety Watch Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of a Health & Safety Watch Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Health & Safety Watch Site may contain material that is inappropriate for minors.

Certain Health & Safety Watch Sites may allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by Health & Safety Watch or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by Health & Safety Watch or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that Health & Safety Watch or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that Health & Safety Watch, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.

Please exercise discretion while browsing the Internet. Please note that certain links on a Health & Safety Watch Site may take you to other websites. Health & Safety Watch provides these links only as a convenience and not as an endorsement by Health & Safety Watch. These linked sites are not necessarily under the control of Health & Safety Watch. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Health & Safety Watch is not responsible for the content of any such linked sites or any other web page which is not part of a Health & Safety Watch Site and under Health & Safety Watch's control. Unless otherwise expressly provided, Health & Safety Watch makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Health & Safety Watch will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Health & Safety Watch Site.

You acknowledge and agree that your correspondence or business dealings with any third parties, including any collaborators, merchants or advertisers, found on, or through, a Health & Safety Watch Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Health & Safety Watch assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Health & Safety Watch shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.

You agree to defend, indemnify and hold harmless each of Health and Safety Watch Inc and Intelligent Health Solutions Inc and their respective officers, directors, servants, agents, collaborators, advertisers, suppliers and independent contractors, including all third parties mentioned on a Health & Safety Watch Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Health & Safety Watch Site, Services or Content; or (c) your use or reliance on, or publication, communication, uploading, downloading or distribution of anything on or from a Health & Safety Watch Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

You expressly acknowledge that Health & Safety Watch has entered into this agreement, and has and will make a Health & Safety Watch Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Health & Safety Watch. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

All Health & Safety Watch Sites and Services are controlled, operated and administered by Health & Safety Watch from its offices within Canada. Health & Safety Watch makes no representation or warranty that a Health & Safety Watch Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a Health & Safety Watch Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Health & Safety Watch Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Health & Safety Watch Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

You acknowledge and agree that Health & Safety Watch, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Health & Safety Watch Site or any of the Services, and remove and discard any information or content related to a Health & Safety Watch Site or any of the Services (and your use thereof), for any reason, including where Health & Safety Watch believes that you have violated any of these Terms and Conditions. You further agree that Health & Safety Watch shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Health & Safety Watch Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Health & Safety Watch in operating a Health & Safety Watch Site or any of the Services, your sole and exclusive remedy is to discontinue using a Health & Safety Watch Site or any of the Services.

Health & Safety Watch is always improving its sites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO HEALTH & SAFETY WATCH BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO HEALTH & SAFETY WATCH, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO HEALTH & SAFETY WATCH THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT HEALTH & SAFETY WATCH IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY HEALTH & SAFETY WATCH, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Any information sent or received over the Internet is generally not secure. Health & Safety Watch Inc. cannot guarantee the security or confidentiality of any communication to or from any Health & Safety Watch Site.

The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision contained herein and any such invalid provision or covenant shall be deemed severable from the rest of these Terms and Conditions.

This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Health & Safety Watch and you pertaining to your use of a Health & Safety Watch Site, Services and Content and supercede any prior agreements between you and Health & Safety Watch with respect to the subject matter hereof. Health & Safety Watch's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

Copyright © 2010-2012 HEALTH & SAFETY WATCH INC.
All Rights Reserved.