HEALTHY HABITS Website
Terms of Use
Welcome to this HEALTHY HABITS website (“Site”).
Please review the following basic terms that govern your use of our Site.
Please note that your use of our Site constitutes your agreement (“Agreement”)
to follow and be bound by these terms and those set out in our Privacy Policy.
GENERAL
We may, from time-to-time, change the terms that
govern your use of our Site. Your use of our Site following any such change
constitutes your agreement to follow and be bound by the terms, as changed. We
may also change, move, or delete portions of, or may add to, our Site.
SITE CONTENTS
Unless otherwise noted, all material, including text,
images, illustrations, designs, icons, photographs, video clips, and other
materials (collectively, the “Contents”) that appear as part of this Site are
copyrights, trademarks, trade dress, and/or other intellectual properties
owned, controlled, or licensed by HEALTHY HABITS and/or its subsidiaries and/or
affiliates (collectively, “HEALTHY HABITS”). The Site as a whole is protected
by copyright and trade dress, all worldwide rights, titles, and interests in
and to which are owned by HEALTHY HABITS.
The Site and its Contents are intended solely for
personal, noncommercial use. You may download or copy the Contents and other
materials displayed on the Site for your personal use provided you do not
delete or change any copyright, trademark, or other proprietary notices. No
right, title, or interest in any downloaded materials or software is
transferred to you as a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any sale of, or
exploit in any way, in whole or in part, any of the Contents, the Site, or
related software.
USER COMMENTS, FEEDBACK, POSTCARDS, AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted, or offered to HEALTHY HABITS on or
by this Site or otherwise disclosed, submitted, or offered in connection with
your use of this Site (collectively “Comments”) shall be and remain the
property of HEALTHY HABITS. Such disclosure, submission, or offer of any
Comments shall constitute an assignment to HEALTHY HABITS of all worldwide
rights, titles, and interests in all copyrights and other intellectual
properties in the Comments. Thus, HEALTHY HABITS will own exclusively all such
rights, titles, and interests, and shall not be limited in any way in the use,
commercial or otherwise, of any Comments. HEALTHY HABITS is and shall be under
no obligation to (1) maintain any Comments in confidence; (2) compensate any
user for any Comments submitted; or (3) respond to any user Comments.
You agree that no Comments submitted by you to the
Site will violate any right of any third party, including copyright, trademark,
privacy, or other personal or proprietary rights. You further agree that no
Comments submitted by you to the Site will contain libelous or otherwise
unlawful, abusive, or obscene material. You are and shall remain solely
responsible for the content of any Comments you make.
You agree that HEALTHY HABITS may use or disclose
information about your demographics and use of the Site in any manner that does
not reveal your identity. By participating in Site sweepstakes, contests,
promotions, or requesting promotional information or product updates, you agree
that HEALTHY HABITS may use your information for marketing and promotional
purposes.
OUR COMMUNICATIONS TO YOU
You agree that HEALTHY HABITS may send electronic mail
to you for the purpose of advising you of changes or additions to this Site,
our products and services, or for such other purpose(s) as HEALTHY HABITS deems
appropriate.
PRICING INFORMATION
The prices displayed on the Site are quoted in
Canadian dollars and are valid and effective in Canada only.
TRADEMARKS
The trademarks, logos, and service marks
(collectively, the “Trademarks”) displayed on the Site are the registered and
unregistered trademarks of HEALTHY HABITS. Nothing contained on this Site
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on this Site without HEALTHY
HABITS’s written permission.
LINKS TO OTHER WEB SITES AND SERVICES
This Site may contain links to outside services and
resources, the availability and content of which HEALTHY HABITS does not control.
Any concerns regarding such services or resources, or any links thereto, should
be directed to the outside services or resources in question. HEALTHY HABITS is
not responsible for the contents of any off-site pages or any other sites
linked to this Site nor does it endorse any products or services linked from or
supplied to this Site. The inclusion of any link to such sites does not imply
endorsement by HEALTHY HABITS of such sites. Your linking to any other off-site
pages is at your own risk.
DISCLAIMER STATEMENT
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. ST. JOSEPH MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE FUNCTIONAL ASPECTS OF THIS SITE WILL BE UNINTERRUPTED OR
ERROR FREE OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES. YOU OBTAIN ACCESS TO THE SITE AT YOUR OWN RISK AND ASSUME FULL
RESPONSIBILITY FOR ANY INTERFERENCE, LOSS, DAMAGE, OR DISRUPTION TO YOUR OWN
COMPUTER SYSTEM THAT ARISES IN CONNECTION WITH YOUR USE OF THE SITE OR ANY
LINKED SITE. YOU AGREE THAT NEITHER ST. JOSEPH NOR ANY PARTY INVOLVED IN
CREATING, PRODUCING, OR DEVELOPING THIS SITE SHALL BE LIABLE FOR DAMAGES OF ANY
KIND WHATSOEVER RELATED TO YOUR ACCESS TO OR USE OF THIS SITE.
INACCURACY DISCLAIMER
All information provided by HEALTHY HABITS on the Site
is done so in good faith. From time to time there may be information on the
Site that contains typographical errors, inaccuracies, or omissions. HEALTHY
HABITS takes no responsibility for continuously updating this Site. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update information at any time without prior notice.
INDEMNIFICATION
You agree to defend, indemnify, and hold HEALTHY
HABITS harmless from and against any and all claims, damages, costs, and
expenses, including attorneys’ fees, arising from or related to your use of the
Site.
MISCELLANEOUS
Unless otherwise specified, this Site and the Contents
thereof are displayed solely for the purpose of promoting St. Joseph’s products
and services. This Site is controlled and operated by HEALTHY HABITS from its
offices in Toronto, Ontario.
This Agreement shall be construed in accordance with the laws of the Province
of Ontario, without regard to any conflict of law provisions. Any dispute
arising under this Agreement shall be resolved exclusively by the provincial
and federal courts of the Province of Ontario. If any portion of these terms
are held to be unenforceable, the unenforceable portion shall be construed in
accordance with applicable laws to the greatest extent possible and the
remainder of the provisions shall remain in full force and effect.
TERMINATION
This Agreement is effective unless and until
terminated by either you or HEALTHY HABITS. You may terminate this Agreement at
any time. HEALTHY HABITS also may terminate this Agreement at any time and may
do so immediately, without notice, if, in our sole discretion, you fail to
comply with any of the terms or provisions contained herein. Upon any
termination of this Agreement by either you or HEALTHY HABITS, HEALTHY HABITS
may deny you access to this Site and you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the terms of this Agreement or otherwise.
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