ADVANCED NATURALS CANADA
Last Revised: November 20, 2013
1. ACCEPTANCE OF TERMS
2. NO MEDICAL ADVICE
The information published on or accessible via the Website is for informational purposes only and should never be used as a substitute for the advice provided by your physician or other qualified health care provider. You should consult your physician or other qualified health care provider for advice, or to diagnose or treat a disease or health problem.
That any information or products are made available through the Website does not, and will not, constitute a representation or warranty by Advanced Naturals Canada (“Advanced Naturals”, “we” or “our”) that such products will be effective for you, or that the information provided on or via the Website is complete and/or accurate, or that there is no contrary view regarding any of the material that is published on the Website.
Advanced Naturals does not endorse third party products or content that is published or accessible via the Website, and such content may not reflect the opinions, recommendations or practices of Advanced Naturals.
Any use of or reliance on any information published on or accessible via the Website is solely at your own risk.
3. ACCESS TO THE WEBSITE
Advanced Naturals grants you a limited, revocable, non-exclusive license to access the Website for your own personal use. Use of the Website beyond the scope of authorized access granted to you by Advanced Naturals immediately terminates that license.
You understand that all postings, messages, text, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for Content that you post or otherwise make available via the Website (e.g., testimonials), and your interactions with organizations and/or individuals found on or through the Website are solely between you and such organizations and/or individuals.
You understand that Advanced Naturals does not control, and is not responsible for Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the Website and Content made available through the Website may contain links to other websites, which are completely independent of Advanced Naturals. Advanced Naturals makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Advanced Naturals be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Website.
Advanced Naturals shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Website, for violating the letter or spirit of the TOU or for any other reason.
5. PRIVACY AND INFORMATION DISCLOSURE
To the extent that the Website permits you to post, email, or otherwise make available Content, you agree not to post, email or otherwise make available Content that:
- (a)is unlawful;
- (b)is harmful, threatening, abusive, harassing, defamatory, pornographic or is harmful to minors in any way;
- (c)harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- (d)includes personal or identifying information about another person without that person’s explicit consent;
- (e)impersonates any person or entity, including, but not limited to, a Advanced Naturals employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- (f)infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- (g)constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or web sites;
- (h)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (i)disrupts the normal use of the Website with an excessive amount of Content, or that otherwise negatively affects other users’ ability to use the Website; or
- (j)employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Website.
7. PROPRIETARY RIGHTS
Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Advanced Naturals. You further agree not to reproduce, duplicate or copy Content from the Website without the express written consent of Advanced Naturals, and agree to abide by any and all copyright notices displayed on the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
Although Advanced Naturals does not claim ownership of Content that its users post, by posting Content to any area of the Website that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to Advanced Naturals an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content as part of the Website.
8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED. ADVANCED NATURALS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE.
9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ADVANCED NATURALS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ADVANCED NATURALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Advanced Naturals, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Website, your use of the Website, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another person.
11. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Advanced Naturals and govern your use of the Website, superseding any prior agreements between you and Advanced Naturals. The TOU and the relationship between you and Advanced Naturals shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Advanced Naturals agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Advanced Naturals to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
12. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify the TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review the TOU on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: