TERMS AND CONDITIONS
VALID IN CANADA ONLY. LAST UPDATED MARCH 2021
This Agreement governs your access to and use of our products and services, including but not limited to those offered through the Software, our websites, events, communications (e.g., emails, phone calls, surveys, help desk calls and texts) and mobile software applications (collectively, the “Service”), regardless of whether the Software is accessed through a mobile device or a desktop-based browser. Do not access or use the Service if you are unwilling or unable to be bound by this Agreement. You must be the age of majority in your province of residence (for clarity, 18 years of age in Quebec and 19 years of age elsewhere in Canada) or older to use the Service, and you must be a resident of Canada.
By accessing or using the Service, you are agreeing to the terms of this Agreement, which form a legally binding contract with JLG Health Solutions Inc. having its office located in Ottawa, Ontario, Canada (“JLG”).
Modification of Terms: JLG may modify the terms of this Agreement at any time. You understand and agree that your access to or use of the Service is governed by this Agreement effective at the time of your access to or use of the Service. If JLG makes material changes to this Agreement, JLG will notify you by email, by posting notice on the Software, and/or by other methods as the case may be. JLG will also indicate at the top of this page the date that such changes were last made. You should revisit this Agreement on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use the Service after the effective date of changes to this agreement represents your acceptance of such changes.
Translation: In the event of any discrepancy or inconsistency between the English version of this Agreement and disclosures or other statements contained in any Service-related materials, including, but not limited to: the website, the Software or the French version of this Agreement, and/or television, print or online advertising; the terms and conditions of the English version of the Agreement shall prevail, govern and control to the fullest extent permitted by law.
Access and Use: To access or use the Service, you must have the requisite power and authority to enter into this Agreement. Further, you may not access or use the Service if you have been previously banned from the Service or closed your Account.
Permission to Use the Service: You are granted permission to use the Service subject to this Agreement. Your use of the Service is at your own risk.
Service Availability: The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Communications from JLG: By accessing or using the Service, you consent to receive communications from JLG through the Service, or through any other means such as emails to your email address, push notifications, text messages (including SMS and MMS), and phone calls. These communications may be initiated by JLG. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify JLG immediately if the phone number(s) you have provided to JLG have been changed or disconnected. Please note that any communications, including phone calls, with JLG or made through the Service may be monitored and recorded for quality purposes.
Responsibility for Your Information: You alone are responsible for Your Information, and once provided to JLG, it may not always be able to be withdrawn. You assume all risks associated with Your Information, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with the information you provide.
Liability: You may expose yourself to liability if, for example, Your Information contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates this Agreement.
Ownership of JLG Intellectual Property: JLG intellectual property includes, but is not limited to, the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with JLG and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, communicate, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any such intellectual property in whole or in part except as expressly authorized by JLG. Except as expressly and unambiguously provided herein, JLG does not grant you any express or implied rights, and all rights in and to the Service are retained by us.
REPRESENTATION AND WARRANTIES:
JLG is under no obligation to enforce this Agreement on your behalf against another user. While JLG encourages you to let JLG know if you believe another user has violated this Agreement, JLG reserves the right to investigate and take appropriate action at our sole discretion.
You represent and warrant that:
- You consent to having Your Information transferred to and processed in the United States of America, as required;
- Any information submitted by you is correct and accurate to the best of your knowledge and abilities; and
You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
- Violate this Agreement;
- Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service (other than Your Information), except as expressly authorized by JLG;
- Use any robot, spider, search/retrieval application, or other automated device, process or means to access, retrieve, copy, scrape, or index any portion of the Service, except as expressly permitted by JLG;
- Reverse engineer any portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide JLG with 30 days’ prior written notice;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about users;
- Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on JLG’s technology infrastructure or otherwise make excessive traffic demands of the Service;
- Attempt to gain unauthorized access to the Service, accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- Use the Service to transmit any computer viruses, worms, defects, Trojan horses, malicious code, spyware, malware or other items of a destructive or harmful nature;
- Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of service content, or features that enforce limitations on the use of the Service.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE JLG ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SERVICE AND SERVICE CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE JLG ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD PARTY CONTENT. AS SUCH, YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE JLG ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, YOUR INFORMATION OR THE SERVICE CONTENT. ACCORDINGLY, THE JLG ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, DEPLETION OF BATTERY POWER OR OTHER IMPAIRMENT OF DEVICES USED TO ACCESS THE SERVICE, SERVICE UNAVAILABILITY, SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT OR OMISSION OF CONTENT, ORDER, AND DISPLAY), METRICS OR OTHER CONTENT FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICE.
- THE JLG ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICE OR THAT OFFER GOODS OR SERVICES THROUGH THE SERVICE, OR THE SERVICE’S USERS. ACCORDINGLY, THE JLG ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS OR DAMAGE THAT MIGHT ARISE FROM ANY SUCH THIRD PARTY’S ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR INFORMATION, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SERVICE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
- THE JLG ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE JLG ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE JLG ENTITIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE JLG ENTITIES WILL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS OR REVENUE, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, (v) LOSS OF INFORMATION OR DATA; OR (vi) LIABILITY WITH RESPECT TO A CONSUMER ALERT POSTED ON ANY JLG BUSINESS PAGES FOR YOUR BUSINESS. THE WAIVERS AND LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
- JLG MAKES NO WARRANTY, UNDERTAKING, OR ANY OTHER LEGAL OBLIGATION REGARDING THE ACCURACY OF YOUR INFORMATION, (INCLUDING BUT NOT LIMITED TO YOUR CONTACT INFORMATION AND YOUR HEALTH INFORMATION). AS SUCH, JLG PROVIDES THE SERVICE ON AN AS-IS BASIS AND MAKES NO WARRANTY, UNDERTAKING, OR ANY OTHER LEGAL OBLIGATION REGARDING THE ACCURACY OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY ADVERSE MEDICAL REACTIONS THAT YOU EXPERIENCE FROM USING ANY PHARMACEUTICAL DRUGS OR OTHER MEDICAL TREATMENTS PRESCRIBED OR SUGGESTED BY ANY THIRD PARTY, REGARDLESS OF WHETHER THE THIRD PARTY IS A LICENSED MEDICAL PROFESSIONAL OR OTHERWISE.
You may terminate this Agreement at any time by closing your Account, discontinuing any access to or use of the Service, and providing JLG with a written notice of termination.
JLG may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Information, or any other related information.
- JLG reserves the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- This Agreement contains the entire agreement between you and JLG regarding the use of the Service and supersedes any prior agreement between you and JLG on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this agreement.
- Any failure on JLG’s part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No term in this Agreement may be waived, except pursuant to a writing executed by JLG.
- If any provision of this Agreement is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
- This Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with JLG’s prior written consent, but may be assigned or transferred by JLG without restriction. Any attempted assignment by you shall violate this Agreement and be void.
- You understand that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and JLG as a result of this Agreement or your use of the Service.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.