CoreHealth™ Technologies Inc. End User Agreement
This Agreement governs your use of CoreHealth™ Technologies Inc. ("CoreHealth") software (the "Software") and website (the "Website"). It exempts CoreHealth and other persons from liability or limits their liability, and contains other important provisions that you should read.
Each time you use the Software or the Website you signify your acceptance and agreement, without limitation or qualification, to be bound by this Agreement as it then reads, and you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website or the Software.
1. Ownership and Permitted Use of CoreHealth Products
The Website and the Software (including all content and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through Website or the Software) is the property of CoreHealth and others, and is protected by Canadian and international copyright, trade-mark and other laws. Under the terms of this Agreement, CoreHealth grants you a non-exclusive license to use the Website and Software. CoreHealth may revoke your license at anytime in its sole discretion. Your use of Website and the Software does not transfer to you any ownership or other rights.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, framed, scraped, mirrored, data mined, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of CoreHealth. You may not sell or resell any part of Website or the Software or access to Website or the Software, without the express prior written consent of CoreHealth.
2. Trade-mark Information
CoreHealth Technologies Inc., CoreCommunity, CoreAssist, and CoreXL are trade-marks and trade names owned or licensed by CoreHealth.
Other names and logos appearing on or in connection with the Website or the Software may be registered or unregistered trade-marks, service marks, trade names and logos of their respective owners.
Any use of the trade-marks, service marks, trade names or logos displayed on or in connection with the Website or the Software is strictly prohibited, and nothing appearing on or in connection with the Website or the Software will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those marks.
3. Disclaimers, Liability Exclusions/Limitations and Indemnity
Your access to and use of the Software and the Website is at your own risk. The Software and the Website are provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, lack of negligence, merchantability, non-infringement, performance, privacy, quality, results, security, sequence, service, timeliness, title, uninterrupted service, viruses or workmanlike effort, all of which are hereby waived by you and disclaimed by CoreHealth to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage.
Without limiting the generality of the foregoing, CoreHealth is not responsible for any health or medical conditions arising from or attributable to your use of the Website and Software. You are strongly advised to consult a physician before commencing any exercise or fitness program.
Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will CoreHealth ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Website or the Software, this Agreement, the subject matter of this Agreement, the termination of this Agreement or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by CoreHealth or any person for whom CoreHealth is responsible, and even if CoreHealth has been advised of the possibility of such loss or damage being incurred.
Without limiting the generality of the foregoing and notwithstanding any other provision of this agreement, under no circumstances will the total aggregate liability of CoreHealth to you or any other person under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by CoreHealth or any person for whom CoreHealth is responsible, and even if CoreHealth has been advised of the possibility of such potential loss or damage being incurred, ever exceed TEN DOLLARS $10 (CDN). You hereby release, remise and forever discharge CoreHealth from any and all liability in excess of TEN DOLLARS $10 (CDN).
You will indemnify, defend and hold CoreHealth harmless from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by CoreHealth in connection with any claim, demand or proceeding arising out of, related to, or connected with your access to or use of the Website or the Software, your Breach of this agreement, or any wrongful conduct by you or any person for whom you are responsible under this Agreement or at law. You will assist and co-operate as fully as reasonably required by CoreHealth in the defence of any such claim, demand or proceeding.
You acknowledge and agree that this Agreement represents a fair allocation of risk and liability. Advice and information provided by CoreHealth, whether oral or written, will not create any representation, warranty, condition or guarantee or vary or amend this Agreement (including this Section), and you may not rely upon any such advice or information.
4. Governing Law and Dispute Resolution
This Agreement, your access to and use of the Website and the Software, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any dispute between you and CoreHealth or any other person arising from, connected with or relating to the Website or the Software, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of British Columbia, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
Any rights not expressly granted by this Agreement are reserved to CoreHealth.