Subject to the terms of this Agreement, the Company hereby grants to you a non-exclusive, limited, non-transferable, non-sublicensable license to use the Website for your personal non-commercial use, for the purposes of obtaining information about and contacting the IBD Pregnancy Vancouver Clinic (the “Services”).
In order to enter into these Terms, you must be fully able and competent to enter into the Terms and be able to abide by and comply with them. If you accept these Terms, you represent that you have the capacity to be bound by them.
The Website is not meant for children and minors. We do not intentionally collect information about people under 19 years of age.
You must not, and you must not request or authorize another person to:
(i) Engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party;
(ii) Reverse engineer, decompile, disassemble, reverse assemble, or modify any source or object code or any software or other products, services, or processes accessible through any portion of the Website;
(iii) Engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Services, the Company, a Third Party or other users of the Website;
(iv) Interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website;
(v) Attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through hacking, password mining, or any other means and from engaging in activities that are not in compliance with applicable laws;
(vi) Harvest or otherwise collect or store any information of third parties (including personal information about other users of the Website), without the express consent of such users;
(vii) Use the Website or any data obtained through the Website or Services for the purpose of engaging in any commercial activity or to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam or other commercial electronic messages through the Website; or
(viii) Otherwise violate this Agreement.
We reserve the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Consent to Use of Data
When using the Website, you may be asked to provide certain personal information, which may include personal health information. The Company will collect, store, use and disclose this information in accordance with the Privacy Notice available by clicking here.
By agreeing to the terms of this Agreement, you agree to the collection, use and disclosure of your personal information as outlined in the Privacy Notice.
Rights to Data
In accordance with our Privacy Notice, you agree that the Company may collect, use and disclose any non-personally identifiable information that has been derived from your personal information, or generated by your use of the Website and Services (“De-Identified Data”). The Company uses practices to create De-identified Data that are in accordance with generally recognized industry standards. To be clear, this does not grant to the Company the right to disclose any data concerning you, other than De-identified Data, without your consent.
The terms of this Agreement will govern any update or upgrade to the Website provided by Company that replace and/or supplement the original Website, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Any links or references to third party information are provided solely as a convenience to you. These links do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or references or the activities of the people, organizations, and/or businesses responsible. When you use a link to go from the Website to another website or service, your browsing and interaction is subject to that website’s own rules and policies, not those of the Company. The Company shall have no liability to you for any content that you may find to be offensive, indecent, or objectionable.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Company if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you must cease all use of the Website and Services.
Intellectual Property Rights
You acknowledge that the Website and all information related thereto constitute valuable proprietary, confidential and trade secret information of the Company. The Website is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Canada and other countries. By agreeing to this Agreement, you acknowledge that, as between you and the Company, the Company owns and retains all rights, title and interest in and to the Website including without limitation all copyright, trademark and intellectual property rights therein, and that the only right you have is the limited right to use the same as set forth in this Agreement. All rights in the Website not expressly granted to you are reserved by Company or its licensors.
Limitation of Warranty
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE EXCLUSION AND LIMITATIONS BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS BELOW MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, EXTRA-CONTRACTUAL LIABILITY, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE LIMITED REMEDY OFFERED IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE.
The Company may modify this Agreement from time to time. The Company will give you written notice of modifications to the Agreement by any reasonable manner of notice which it elects and your use of the Website after the effective date of the modifications as set out in such notice constitutes your agreement to such modifications.
This Agreement constitutes the entire agreement between you and the Company with respect to your use of the Website. The Company's failure to enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights. The Website is intended for use in Canada only. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. This Agreement is not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The laws of the Province of British Columbia, excluding its conflicts of law rules, govern this Agreement. Any disputes in relation to this Agreement shall be brought to the courts of competent jurisdiction of the City of Vancouver, British Columbia.
Your feedback or advice about the Website and the Services helps us improve. You agree that you provide your advice or feedback for free and for us to use in any way. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to us by email, as email is not a safe or secure method of transmitting confidential or private information.
If you have questions regarding this Agreement, please contact us at:
IBD Pregnancy Vancouver
Suite 770 – 1190 Hornby Street