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.
DISCLAIMER
HEALTH & SAFETY WATCH SITES (WEBSITES AND APPLICATIONS) DO NOT PROVIDE HEALTH OR
MEDICAL ADVICE.
ALL INFORMATION PROVIDED BY A HEALTH & SAFETY WATCH SITE IS FOR INFORMATIONAL PURPOSES
ONLY. HEALTH & SAFETY WATCH (HSW) DOES NOT PROVIDE MEDICAL, FITNESS OR WELLNESS
ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROPER DIAGNOSIS, TREATMENT OR
CARE, NOR IS IT INTENDED TO REPLACE THE ADVICE OF YOUR DOCTOR, PHARMACIST OR OTHER
HEALTHCARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL
ABOUT YOUR PERSONAL CONDITION OR THE INFORMATION PROVIDED ON A HEALTH & SAFETY WATCH
SITE.
HEALTHCARE PROFESSIONALS USING HEALTH & SAFETY WATCH SITES MUST INDEPENDENTLY CONFIRM
ALL INFORMATION TO ENSURE THAT IT CONFORMS TO YOUR PRACTICE STANDARDS AND THOSE
OF YOUR GOVERNING BODY.
BY ACCESSING HEALTH & SAFETY WATCH SITES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) ALL INFORMATION HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE BUT IS
REPRODUCED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (B) HEALTH AND SAFETY WATCH INC
AND INTELLIGENT HEALTH SOLUTIONS INC MAKE NO WARRANTIES OR REPRESENTATIONS ("WARRANTIES")
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF ACCURACY OF ANY OF THE INFORMATION REPRODUCED ON A HEALTH & SAFETY WATCH SITE
AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (C) HEALTH AND
SAFETY WATCH INC AND INTELLIGENT HEALTH SOLUTIONS INC SPECIFICALLY MAKE NO WARRANTIES
THAT HEALTH & SAFETY WATCH SITES OR ANY OF THE SERVICES, INCLUDING ANY CONTENT,
INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE SERVICES,
WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT
SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
INTRODUCTION
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.
ADDITIONAL DISCLAIMER - PROFESSIONAL INFORMATION
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.
RESTRICTIONS ON USE OF MATERIALS
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.
INTELLECTUAL PROPERTY
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.
TRADE-MARKS
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.
MONITORING
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.
REGISTRATION, ACCOUNTS and PASSWORDS
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.
USER CONDUCT
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:
post, transmit, link to, or otherwise distribute any materials, information or content
constituting, advocating or encouraging conduct that would constitute a criminal
offence or give rise to civil liability, or otherwise use a Health & Safety Watch
Site or any of the Services in a manner which is contrary to law or would serve
to restrict or inhibit any other user from using or enjoying a Health & Safety Watch
Site, any of the Services, or the Internet;
defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of
others, including without limitation, rights relating to privacy and publicity;
post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful material or information;
post, transmit, link to, or otherwise distribute any information, materials or content
(including for greater certainty, software) which contains a virus, cancelbot, trojan
horse, worm or other harmful or disruptive component.
RESPONSIBILITY FOR MINORS
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.
DOWNLOADS AND SHAREWARE
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.
CONTENT LINKED TO A HEALTH & SAFETY WATCH SITE
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.
DEALINGS WITH THIRD PARTIES
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.
INDEMNIFICATION
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.
LIMITATION OF LIABILITY
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.
GOVERNING LAW/JURISDICTIONAL ISSUES
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.
ARBITRATION AND ACTIONS
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.
TERMINATION
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.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
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.
SECURITY
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.
SEVERABILITY
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.
GENERAL PROVISIONS
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.