Terms & Policies
Website Terms and Conditions of Use (“Website Terms”)
These Terms and Conditions of Use (the “Terms” or the “Agreement”) apply to the ONE80 HEALTH (ONE80) website located at www.one80health.com, and the use of the material found on these site (collectively, the “Website”), and the services provided by ONE80 via the Website (the “Services”). The Website is the property of ONE80 Health (“ONE80”).
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THE WEBSITE. BY ACCESSING THE WEBSITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS THE WEBSITE OR THE SERVICES.
BY USING ONE80’ SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS ONE80 MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS WEBSITE IS DEEMED TO BE YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT WHICH IS POSTED AT THE WEBSITE.
Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
35A Hazelton Avenue
Toronto, ON M5R 2E3
Toll Free 1-647-560-4495
OWNERSHIP OF MATERIALS
All information and content contained on the Website, such as text, graphics, software, images and other such material (“Material”) on the Website are provided by ONE80 unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of ONE80 unless indicated otherwise. ONE80 retains all copyrights in the individual pages, and their components, and collective works available at the Website. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. Material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without ONE80’ prior written permission. ONE80, and the ONE80 logos are trademarks and the property of ONE80. All other names and trademarks are the property of their respective holders.
- What information we may collect about you;
- What we use that information for; and
- With whom we share that information.
USE OF MATERIAL
Any unauthorized use of any Materials at the Website may violate patent, copyright, trademark, and other laws. Any use of the Website shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in manners inconsistent with this Agreement and current ONE80 policies. You agree to prevent any unauthorized copying of the Materials or information.
ONE80 authorizes you to view and download a single copy of the Materials available on www.FeelingPrettyRemarkable.com solely for your personal, non-commercial use.
Except where expressly stated otherwise, all Material contained on the Website is owned by or licensed to ONE80. The Material on the Website is protected by copyright, database rights, registered designs, unregistered design rights, registered trademarks, passing-off rights or rights protected under unfair competition laws, without limitation, and which may be protected under both Canadian and foreign laws ("Intellectual Property Rights"). Unauthorized use of the Material by you may violate ONE80' Intellectual Property Rights. You must retain all copyright notices and other proprietary notices contained in the original Material on any copy you make.
In connection with your use of the Website you will:
- only view and use the Website for your own purpose and you may not sell, publish or modify the Material or reproduce, display, publicly perform, distribute, store, re-transmit or otherwise use the Material in any way for any public or commercial purpose;
- not use the Website nor the Material in any manner which constitutes an infringement of any third party rights, including Intellectual Property Rights, including “screen scraping” or any other practice for the purpose of obtaining data, portions of a database or catalogue, lists or other information from the Website in a manner not expressly authorized here;
- not use nor interfere with the Website other than in accordance with these Website Terms and not in any way so that all or part of the Website or any Material is or could be interrupted, reproduced, stored, re-transmitted, published, damaged, rendered less efficient, corrupted or in any way impaired, without limitation;
- not use the Website nor the Material to transmit any information or content for the purposes of publicity, promotion and/or advertising without the prior written consent of ONE80.
- not send a message or communication which is offensive, abusive, defamatory, obscene, menacing or illegal;
- not cause annoyance, inconvenience or anxiety to, or breach the rights of any other person;
- not perform any illegal activity;
- not receive, use, possess, post, transmit or publish obscene material;
- not upload, post, publish or transmit any material which is protected by copyright, other intellectual property right or other proprietary right of a third party without the prior written consent of its owner;
- not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- not gain or attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website; and/or
- not attack the Website via a denial-of-service attack or to distribute a denial-of service attack.
You agree not to attempt to reverse engineer, decipher, decompile or disassemble the Website or any Material or knowingly allow others to do so, except to the extent that applicable laws specifically prohibit such restriction. You may not modify any Material or create derivative works of any Material. You also may not onward transmit or distribute any Material electronically or via the internet.
If you violate any of these Website Terms your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
TERMINATION OF THIS USE LICENSE
ONE80 may terminate this use license at any time if you are in breach of this Agreement. Upon termination, you will immediately destroy any Materials in your possession, if any, and cease use of the Website.
CONDITIONS OF USE AND TERMS
Prior to the use of the Website, you must provide ONE80 with, and confirm, the following information: (i) your name; (ii) your mailing address (so that we can mail you any accrued payments); and (iii) other confirmatory demographics. By submitting that information to ONE80, you hereby certify all assertions made under this Section and agree that you authorize ONE80 to confirm the veracity of such information.
METHODS OF PAYMENT AND TAXES
In the event any payment due under this Agreement is subject to or becomes subject to any tax or other deduction payable by you, such tax or deduction shall be paid by you, so that the payments by ONE80 shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state/provincial and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by ONE80 to you under this Agreement. ONE80 shall make all payments due under this Agreement in United States Dollars (USD).
The Material may contain inaccuracies or typographical errors. ONE80 makes no representations about the accuracy, reliability, completeness or timeliness of the Material or any reliance by you on the Website and the Material.
The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time. ONE80 has no obligation to provide or maintain any Material, products and/or services available at any time through the Website.
ONE80 does not warrant that the Website will be continuously available to you at any time, operate error-free or that the Website and its server are free of computer viruses and other harmful goods. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, to the extent permitted by law, ONE80 is not responsible for those losses and will not compensate you for those costs.
The Website and Material are provided on an “as is” basis without any warranties of any kind. ONE80 and its suppliers, to the extent permitted by; disclaim all warranties, including, but not limited to, the warranty of merchantability, non-infringement of third parties' rights, and the warranty of fitness for particular purpose. Whilst we will do what we reasonably can to maintain the accuracy of the Material, to the extent permitted by law ONE80 and its suppliers make no warranties about the accuracy, reliability, completeness or timeliness of the Material, the Website, services, software, text, graphics and links.
ONE80 will not be liable in any way for any increased costs or expenses, loss of profit, business, contracts, revenues or expected savings or any special indirect or consequential damage whatsoever arising out of any provision or use of the Materials, the Website or of any error or defect in either or of the performance non-performance or delayed performance of any services provided to you through the Website by us.
Nothing in these Terms will exclude or limit ONE80’ liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
The Materials available through the Website are for informational and educational purposes only and are not a substitute for the professional judgment of a regulated health care professional in diagnosing and treating patients. Neither ONE80 nor you are permitted to advise, diagnose, or otherwise treat users of the Website or other persons. Neither the content nor any other service offered by or through the Website is intended to be for medical diagnosis or treatment. As a recipient of Material, you are not establishing a doctor/patient relationship or a nurse/patient relationship with us or with any physician, nurse or health practitioner. Persons accessing the Materials or any service associated with the Website assume full responsibility for the use of the information and agree that ONE80 is not responsible or liable for any claim, loss, or damage arising from the use of the information. ONE80 does not recommend or endorse any specific exercises, evaluations, regulated health care professionals, products, procedures, opinions, or other information that may be mentioned on the Website that are not developed or distributed by ONE80. Your reliance upon the Materials obtained or used by you at or through the Website is solely at your own risk.
The Website is intended by ONE80 to require a valid, working e-mail address and password to access and use the Materials on the Website. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, "ID(s)") assigned to you, (2) not allowing another person to use your IDs to access the Website, (3) any damages or losses that may be incurred or suffered as a result of you or your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing ONE80 in writing of any need to deactivate an ID due to potential or actual security concerns. ONE80 is not liable for any harm related to the theft of Your ID, Your disclosure of your ID, or your authorization to allow another person or entity to access and use the Website using your ID. You agree to immediately notify ONE80 in writing of any unauthorized use of your ID.
LINKS TO OTHER SITES
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by ONE80 of the contents on such third party websites.
ONE80 is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
SUBMITTING CONTENT TO THE WEB SITE
You shall remain solely liable for any material you submit to the Website. In submitting any material to the Website you hereby agree to indemnify and keep indemnified, ONE80, its parent, affiliates, directors, officers and employees from and against any and all claims, liability, costs, damage, other expenses or loss we may incur, including, without limitation legal fees, as a result of any material you submit or any violation by you of your obligations under the Terms.
By submitting any material to the Website, grant to ONE80 an irrevocable, free of charge, non-exclusive, worldwide, perpetual license to use such material in the provision of services to you.
Unless otherwise agreed in writing prior to your submission, any material, information or other communication you transmit or post to the Website or third party site will be considered non-confidential and non-proprietary ("Communications"). ONE80 will have no obligations with respect to the Communications. You agree that from time to time ONE80 may invite or otherwise make you aware of certain educational, promotional or financial opportunities relating to your Communications and profile.
ONE80 hereby grants you a non-exclusive, non-transferable license to re-use or republish your own Communications made to the ONE80 Website in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own Communications and does not grant you rights to republish the contributions or postings of other ONE80 members. ONE80 and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. ONE80 shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from posting or transmitting to or from the Website any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You are prohibited from revealing the name or other personally identifying information of any other ONE80 member unless that individual has previously revealed his or her own name or personally identifying information in that specific ONE80 post. Any attempt to obtain unauthorized access or to exceed authorized access to the Website shall be considered a trespass and computer fraud and abuse, punishable under any law. ONE80 hereby notifies you that any or all Communications can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by ONE80 in its sole discretion and without further notice. You are reminded that ONE80 does not collect personal health information about individuals. To submit a Contribution, you must provide and upload information to the ONE80 server. Within your uploaded submission, ONE80 does not collect or maintain information that would associate this submission with a specific patient or individual. The use of de-identified health information will be used, however, all identifiers will be "stripped" and a key is not disclosed that would allow the information to be re-identified. ONE80 does not possess a key to re-identify patient data.
Once a registered participant, you may provide additional information in your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of ONE80 and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time.
As a user of the Website, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation as provided. You hereby certify that you are not a paid consultant or have any other financial interests in the information you provide to the Website including, but not limited to the promotion of health related information or any type, the disclosure of confidential clinical trial or other proprietary information.
PATIENT DATA AND LEGAL COMPLIANCE
The Materials provided through the Website may enable you to transmit, store, review or receive confidential patient information ("Patient Information"). Ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of health care providers, and persons acting on their behalf, to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Website, the Materials and third party sites. You agree that ONE80, ONE80’ licensors and licensees, and all other persons or entities involved in the operation of the Materials and functionalities provided through the Website, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation or use such Materials, and are acting on your behalf in transmitting Patient Information. COLLABORANTS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE WEBSITE AND THE MATERIALS ON THE WEBSITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE WEBSITE) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
USE OF PERSONAL INFORMATION
We may use your information to process your requests for products or services, provide access to secure areas of the Website, to administer contests and competitions, personalize your visit to the Website and to enable us to review, develop and improve the products, services, and special offers we provide online. We may occasionally carry out market research and send you details of services and offers that we think will be of interest to you. If you do not wish to receive such information, please ensure you e-mail contact@ONE80health.com or alternatively when we send you an e-mail, please use the opt-out link provided.
COOPERATION WITH GOVERNMENT AUTHORITIES
If necessary and in accordance with applicable law, ONE80 will cooperate with local, provincial, state, federal, international and/or worldwide government authorities to protect the Website, visitors, customers, members, ONE80, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized use of the Website.
You agree to defend, indemnify and hold ONE80, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including ONE80’ reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of this Agreement, (2) your unauthorized or unlawful use of the Website, and the Materials, and (3) the unauthorized or unlawful use of the Website by any other person using your ID.
When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail (or any other medium of your choice) or provide you with information by posting notices on our Website. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communication that we provide to you electronically comply with any legal requirement that such communications be in writing.
THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL ONE80, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS (5) ANY OTHER FAILURE TO PERFORM BY ONE80 OR ONE80’ CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER ONE80 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ONE80 ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE WEBSITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE WEBSITE.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. ONE80 and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. ONE80 may make changes to these Materials, or to the services and/or products described therein, at any time without notice. ONE80 makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.
LINKS TO OTHER MATERIALS
The linked sites are not necessarily under the control of ONE80 and ONE80 is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. ONE80 reserves the right to terminate any link or linking program at any time. ONE80 has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to the Website, you do this entirely at your own risk. Any links to any portion of the Website shall be the responsibility of the linking party, and ONE80 shall not be responsible for notification of any change in name or location of any information of the Website. ONE80 reserves the right to request any web site administrator to disable or remove any link that violates any rights of ONE80 or causes interruption or deterioration of Materials provided by ONE80. Failure to abide by this request shall be dealt with as provided in this section.
The Website is controlled by ONE80 from its offices within the Province of Ontario, Canada. ONE80 makes no representation that Materials in the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Website or the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of Canadian export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Province of Ontario, and the applicable laws of Canada, without giving effect to principles of conflicts of law that would impose a law of another jurisdiction.
Any dispute between ONE80 and you arising out of this Agreement shall be resolved first by direct communication with one or more of ONE80’ management team members. Should ONE80 and you be unable to resolve the dispute by communication and both you and ONE80 jointly agree to do so, ONE80 or you may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of ONE80’s headquarters and pursuant to Ontario law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
Your right to access and use the Website and/or Materials immediately terminates without further notice upon your breach of this Agreement. ONE80 may terminate this Agreement and/or your right to use the Website at any time, with or without cause. ONE80 reserves the right to discontinue or make changes to the Website and/or Materials at any time.
ONE80 may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without ONE80 prior written permission. Any attempt by you to assign your rights under this Agreement without ONE80 permission shall be void.
WAIVER OF BREACH
Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
ONE80 shall not be liable for any failure or unavailability of the Website and/or the Materials or failure by ONE80 to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond ONE80 control.
ONE80 may deliver notice to you under this Agreement by means of electronic mail, a general notice on www.FeelingPrettyRemarkable.com or by written communication delivered by registered mail to your address on record in ONE80 account information. You may give notice to ONE80 at any time via electronic mail to info@ONE80.com or by letter delivered by first class postage prepaid Canadian Post or overnight courier to the following address:
35A Hazelton Avenue
Toronto, ON M5R 2E3
Toll Free 1-647-560-4495
If you object to any material found on the Website, please bring your concerns to the attention of ONE80 Health complaints. The Website administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.