Terms of use

Acceptance of Terms of Service

These Terms of Service (“Terms”) govern your access and use of the website located at www.healthism.com (the “Site”) which is owned and operated by Healthism Systems Inc. (“Healthism”) and all Healthism services made available to you on, through or in association with the Site or Healthism’s business (the “Services”). By accessing or using the Site or Services you are indicating your acceptance to be bound by these Terms. If you do not accept these Terms, you must not access or use the Site or Services. IF YOU ARE DISSATISFIED WITH THESE TERMS OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE SITE OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICES. Healthism may revise these Terms at any time by updating this posting. Use of the Site and Services after such revisions are posted will signify your agreement to the revised Terms. You should visit this page periodically to review these Terms and any revisions.

No Medical or Health Advice

The Site, Site Content (defined below) and Services are provided for general informational purposes only, and are not intended to be a substitute for professional medical advice, diagnosis or treatment from a qualified physician or healthcare provider. All information made available on or through the Site, Site Content and Services is of a general nature only and should not be relied on as medical or health advice applicable to the particular medical or health condition of you or any other person. Accordingly, you should not rely upon any information made available on or through the Site, Site Content or Services to diagnose a medical or health condition, determine whether to seek or not seek professional medical or health advice, commence or discontinue any treatment of any medical or health condition, or disregard any medical or health advice that you have received from a qualified physician or healthcare provider. Always consult a qualified physician or healthcare provider if you have any questions relating to any health or medical condition. If you believe that you are experiencing a medical emergency, contact your physician or emergency medical responder immediately.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE, SITE CONTENT OR SERVICES. IN NO EVENT SHALL HEALTHISM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “HEALTHISM RELATED PARTIES”), BE LIABLE FOR ANY LOSS, DAMAGE OR LIABILITY ARISING FROM YOUR RELIANCE ON ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITE, SITE CONTENT OR SERVICES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY AND DEATH), AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HEALTHISM RELATED PARTIES FROM AND AGAINST ANY SUCH LOSS, DAMAGE, OR LIABILITY.

Age

By accessing or using the Site or Services, you represent and warrant that you are of the age of majority or older in the jurisdiction in which you reside. YOU MUST NOT ACCESS THE SITE OR USE THE SERVICES IF YOU ARE NOT OF THE AGE OF MAJORITY OR OLDER IN THE JURISDICTION THAT YOUR RESIDE.

Disclaimer of Warranties

THE SITE, SITE CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BY ACCESSING OR USING THE SITE OR SERVICES YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE, SITE CONTENT AND SERVICES IS ENTIRELY AT YOUR OWN RISK. HEALTHISM MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) THAT THE SITE, SITE CONTENT OR SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE, AVAILABLE, SECURE, TIMELY, MEET YOUR REQUIREMENTS, OR PROVIDE SPECIFIC RESULTS; (B) THAT THE SITE, SITE CONTENT OR SERVICES WILL BE NON-INFRINGING, OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; © THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; (D) THAT DEFECTS OR ERRORS IN THE SITE, SITE CONTENT OR SERVICES WILL BE CORRECTED; (E) THAT THE SITE, SITE CONTENT OR SERVICES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; OR (F) THAT COMMUNICATIONS TO, FROM ,THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES WILL BE SECURE OR NOT INTERCEPTED.

NOTE: THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL ANY HEALTHISM RELATED PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA, LOST USE, LOST OPPORTUNITIES, LOST PROFITS, LOSS OF GOODWILL, DAMAGE TO PROPERTY, THIRD PARTY CLAIMS, OR ANY OTHER ECONOMIC LOSS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF A HEALTHISM RELATED PARTY KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE HEALTHISM RELATED PARTIES’ AGGREGATE AND COLLECTIVE LIABILITY TO YOU OR ANY THIRD PARTY RESPECTING ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE, SITE CONTENT, SERVICES OR THESE TERMS, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF (A) THE TOTAL AMOUNTS THAT YOU HAVE PAID TO HEALTHISM, IF ANY, AND (B) FIFTY CANADIAN DOLLARS (CDN$50); EVEN IF A HEALTHISM RELATED PARTY HAD BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ANY HEALTHISM RELATED PARTY BE LIABLE FOR ANY LOSS, DAMAGE OR ARISING ARISING FROM THE FAILURE OF A HEALTHISM RELATED PARTY OR YOUR FAILURE TO PROTECT YOUR USERNAME, PASSWORD OR ACCOUNT INFORMATION.

THE HEALTHISM RELATED PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER, SERVICE PROVIDER, ADVERTISER OR SPONSOR OF THE SITE, SITE CONTENT OR SERVICES (COLLECTIVELY, “THIRD PARTY USERS”). UNDER NO CIRCUMSTANCES SHALL ANY HEALTHISM RELATED PARTY BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (A) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER, OR (B) ANY USE OR INABILITY TO USE ANY INFORMATION, MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED ON OR MADE AVAILABLE THROUGH ANY WEB SITE OR SERVICE LINKED TO OR FROM THE SITE, SITE CONTENT OR SERVICES. IF YOU DECIDE TO ACCESS OR USE ANY WEB SITE OR SERVICE LINKED TO OR FROM THE SITE, SITE CONTENT OR SERVICES (OR ANY INFORMATION, MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES ON OR MADE AVAILABLE THEREFROM), YOU DO SO ENTIRELY AT YOUR OWN RISK.

YOU HEREBY RELEASE EACH HEALTHISM RELATED PARTY FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST ANY HEALTHISM RELATED PARTY, ARISING FROM YOUR PURCHASE OR USE OF ANY THIRD PARTY GOODS, SERVICES, SOFTWARE, MATERIALS, INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SITE, SITE CONTENT OR SERVICES OR LINKED TO OR FROM THE SITE, SITE CONTENT OR SERVICES.

NOTE: THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Site Content

All content displayed or otherwise accessible through the Site or Services, including, without limitation, information, news, editorials, text, charts, graphs, data, photographs, images, graphics, music, videos, sounds, user interfaces, features, applications, computer software and code (collectively, the “Site Content”), are protected under Canadian, U.S. and foreign copyright and other laws, and are owned by Healthism, its licensors or the party accredited as the provider of the Site Content. You shall abide by all copyright notices, information and restrictions on or contained in any of the Site Content accessed through the Site or Services. You may access the Site Content for your personal use solely as intended through the functionality provided by the Site or Services. You may not copy, reproduce, sell, license, lease, transfer, assign, modify, adapt, translate, arrange, publish, display, host, distribute, reverse engineer, decompile, disassemble, prepare derivative works based on, re-post, or make available to any person or otherwise use, either directly or indirectly, any of the Site Content, in whole or in part, in any form or by any means whatsoever, without the prior written consent of Healthism or the provider of the Site Content.

Trademarks

HEALTHISM is a trademark of Healthism. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may constitute registered or unregistered trademarks of Healthism or third parties. While certain trademarks of third parties may be used by Healthism under license, the display of third party trademarks on the Site or Services should not be taken to imply any relationship or agency between Healthism and the owner of said trademark or to imply that Healthism endorses the wares, services or business of the owner of said trademark. Nothing contained on the Site or Services should be construed as granting you any license or right to use any trademark logo or design of Healthism or any third party without the written permission of Healthism or the relevant third party owner.

Mobile Communication Services

Healthism may offer mobile communication services from time to time as part of the Services, such as, communicating information related to the Site and Services to the mobile devices of users of the Site or Services. You shall be solely responsible for all costs that you incur relating to your receipt of such mobile communication services, including, without limitation, costs arising from cellular services, data services, SMS, MMS and other related services provided by your mobile carriers or service providers.

You will only provide Healthism with mobile device contact information (e.g. mobile telephone numbers) that is assigned to you and for which you are responsible for. In the event that any of your mobile device contact information changes, is deactivated or is no longer assigned to you, you will immediately notify Healthism and update your mobile device contact information to ensure that mobile communication services intended for you are not received by another person that acquires your old mobile device contact information.

Linked Services

Services operated by third parties (“Linked Services”) may be made available to you on, through or in connection with the Site or Services. Linked Services may include messaging services, mobile services, features, content, applications, software, data feeds, or other services offered to you by third parties from time to time. Linked Services may be made available to you through website links, embedded applications, embedded content, applications installed on your computing or mobile device, cookies, and other technological mechanisms. Linked Services may access your Healthism user account information, profile information, activity information, content and other information related to your use of the Site or Services, and share your information with third party websites and services, as authorized by you. Similarly, Linked Services may disclose to or through the Site or Services user account information, profile information, activity information, content and other information related to your use of the Linked Services.

Healthism does not endorse any Linked Services and is not responsible or liable for any losses or damages arising from your dealing with any Linked Services. Your use of Linked Services is solely at your own risk and in accordance with any agreements that you have with the third party providers of the Linked Services. Healthism is not responsible for your use of any Linked Services. Healthism does not make any representations or warranties, and disclaims all representations, warranties and conditions, whether expressed or implied, respecting any Linked Services, including, without limitation: (a) the legality, accuracy, completeness, reliability, suitability, timeliness of any Linked Service, or the ability of any Linked Services to meet your requirements or provide specific results; (b) the non-infringement, merchantability or fitness for a particular purpose of any information, material, content, software, goods or services on or made available through any Linked Services; © the operation of any Linked Services or that such services will be uninterrupted or error free, that defects or errors in such services will be corrected or that such services will be free from viruses or other harmful components; or (d) the collection, use, storage, disclosure or security of any information or content that you provide to such Linked Services.

Advertisements

The Site, Site Content and Services may contain advertisements or offers for third party goods or services (“Third Party Goods and Services”). Healthism does not endorse any third party, third party advertisers or Third Party Goods and Services. Healthism is not responsible or liable for any losses or damages arising from your dealing with any third party, third party advertisers or Third Party Goods and Services.

Healthism does not make any representations or warranties, and disclaims all representations, warranties and conditions, whether expressed or implied, respecting any third parties, third party advertisers or Third Party Goods and Services, including, without limitation: (a) the legality, accuracy, completeness, reliability, suitability, timeliness of any Third Party Goods and Services, or the ability of any Third Party Goods and Services to meet your requirements or provide specific results; (b) the non-infringement, merchantability or fitness for a particular purpose of any Third Party Goods and Services; © the operation of any Third Party Goods and Services or that such Third Party Goods and Services will be uninterrupted or error free, that defects or errors in such Third Party Goods and Services will be corrected or that such Third Party Goods and Services will be free from viruses or other harmful components; or (d) the collection, use, storage, disclosure or security of any information or content that you provide to such to third parties or third party advertisers in respect of Third Party Goods and Services.

User Content

The Site or Services may provide features that allow you and other users to post or submit content (“User Content”) to or through the Site or Services, including, without limitation, messages, commentary, documents, images, video, audio, software, files or other information or content. As a condition of accessing and using the Site and Services, you agree not to post or submit User Content that: (a) is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, profane or indecent, including, without limitation, User Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (b) violates or infringes upon the rights of others, including, without limitation, privacy or publicity rights, intellectual property rights (including, without limitation, copyright, patent, trade secret, or trademark rights), or other rights, without first obtaining permission from the rights holder; © promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of majority in a sexual or violent manner, provides instructional information about illegal activities; (d) solicits passwords, financial information or personal identifying information from users for commercial or unlawful purposes; (e) contains a virus or other harmful component, or provides or creates computer viruses; (f) constitutes junk mail, chain letters, unsolicited mass mailing or spam; or (g) uses the Site or Services for commercial purposes, including, without limitation, posting or submitting User Content that contains advertising or which engages in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes. The foregoing is a partial list of the kind of User Content that is illegal and/or prohibited on the Site. Healthism reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this section, including, without limitation, removing the offending User Content from the Site and Services and terminating the violator's access to the Site and Services.

You retain all ownership rights in your User Content. However, by posting or submitting User Content to or through the Site or Services, you automatically grant, and you represent and warrant that you have the right to grant, to Healthism, and its affiliates, successors and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, license (“User Content License”) to: (a) use, reproduce, store, display, publicly perform, adapt, translate, modify, make derivative works from, incorporate into other works, distribute, and promote your User Content, in all media now known or hereinafter created, anywhere in the world, and for any purpose related to the Site, Services or Healthism’s business; and (b) sublicense any of the foregoing to third parties for any purpose related to the Site, Services or Healthism’s business. You also grant each user of the Site and the Service a non-exclusive license to access your User Content through the Site and Services, and to use, reproduce, store, display, publicly perform, adapt, translate, modify, make derivative works from, incorporate into other works, distribute, and promote your User Content as permitted through functionality of the Site and Services and under these Terms. Healthism’s use of any personally identifying information forming part of the User Content that you post or submit to the Site is governed by the terms of Healthism’s Privacy Policy. [ Detail ]

You waive, and you represent and warrant that you have obtained the waiver of, any and all moral rights in User Content that you submit or post to or through the Site or Services, including, without limitation, rights of attribution, rights of integrity, and any similar rights in any jurisdiction in the world. You represent and warrant that the exercise of any of the rights granted by you under the User Content License will not violate or infringe upon the rights of others, including, without limitation, privacy or publicity rights, intellectual property rights, or other rights.

You are solely responsible for User Content that you post or submit to or through the Site or Services. Healthism does not monitor or approve User Content that is posted or submitted to or through the Site or Services. Healthism may, in its sole and unfettered discretion, edit, remove or delete any User Content that you post or submit to or through the Site or Services. Healthism is not responsible for, and does not endorse, any User Content made available on or through the Site or Services. Under no circumstances shall any Healthism Related Party be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with any User Content posted by a third party on or through the Site or Services. If you become aware of misuse of the Sites by any person, please contact Healthism at info(AT)healthism.com. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

General Use of the Site and Services

You are solely responsible for your interactions with other users of the Site or Services (“Other Users”), including, without limitation, the User Content you post on or through the Site or Services and in your messages to Other Users. Healthism will not be responsible for any damage or harm resulting from your interactions with Other Users.

You understand that Healthism does not in any way screen users, nor does Healthism inquire into the backgrounds of its users or attempt to verify their statements. Healthism reserves the right, but has no obligation, to monitor all interactions between you and Other Users and to take any action in good faith to restrict access to or the availability of any User Content that Healthism or Other User may consider to be illegal or prohibited.

Messages sent through the Site or Services between you and Other Users that are not readily accessible to the general public may be reviewed by Healthism for compliance with these Terms, but will be treated as private to the extent required by applicable law. You are solely responsible for, and agree to take reasonable precautions in, all interactions with Other Users, particularly if you decide to meet offline or in person. You should not provide your financial information (for example, your credit card or bank account information) to Other Users.

Registration

To use certain features of the Site or Services, you may be asked to register a user account. You represent that: (a) all information that you provide as part of the registration process is true, accurate, current and complete; and (b) you will maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Healthism has reasonable grounds to suspect that registration information is untrue, inaccurate, not current, incomplete, or that you are not authorized to register the user account, Healthism has the right to suspend or terminate your access to and use of the Site and Services (or any portion thereof). Healthism’s use of any personally identifying information you provide as part of the registration process is governed by the terms of Healthism’s Privacy Policy. [ Detail ]

You may be required to select a username and password when completing the registration process. This user name and password may be required to access certain features of the Site and Services. You are solely responsible for maintaining the confidentiality of your username and password, and for all activities that occur under your username and password. You agree to notify Healthism immediately of any unauthorized use of your username, password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Healthism cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Paid Subscription-Based Services

Healthism may offer paid subscription-based services (“Subscription Services”) through the Site or Services from time to time. Healthism reserves the right, to be exercised in its sole discretion, to convert any free portion of the Site or Services that it may make available from time to time, into a paid Subscription Service. In addition to the terms and conditions provided in these Terms, Subscription Services may be governed additional terms provided at the time of subscription or by revising these Terms by updating this posting.

Discontinuance of Service

Healthism reserves the right at any time to modify or discontinue, temporarily or permanently, any portion of the Site or Services without prior notice. You agree that Healthism will not be liable to you or to any third party for any modification or discontinuance of the Site or Services.

Termination

Healthism may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Site and Services (or any portion thereof), or receive any service related thereto. Healthism may also terminate your right to access and use the Site and Services (or any portion thereof) if you breach any of these Terms. You agree that any termination of your access to the Site and Services may be effected without prior notice, and acknowledge and agree that Healthism may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or the Site or Services. Further, you agree that Healthism will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to the Site or Services.

Take-Down Requests

It is the policy of Healthism to respond to claims of intellectual property infringement. Healthism will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed intellectual property infringement should be sent to info(AT)healthism.com.

To be effective, the notification of infringement must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the intellectual property claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Healthism to locate the material;
4. Information reasonably sufficient to facilitate contact of the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent or the law and;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnity

You agree to indemnify, defend and hold harmless the Healthism Related Parties from and against any and all loss, liability (including, without limitation, settlements and judgments) and expense (including, without limitation, reasonable attorneys’ fees and expenses and court costs) arising out of: (a) any third party claim against any Healthism Related Party alleging that User Content posted or submitted to or through the Site or Services by you infringes the third party’s intellectual property rights, privacy rights, publicity rights or other rights; (b) any breach by you of any provision of these Terms and/or any representation or warranty set out herein; and (c) any cost or expense incurred by any Healthism Related Party in the enforcement of this Section. Healthism will have the right, in its sole and unfettered discretion, to control the defense and settlement of any action or proceeding against any Healthism Related Party that you are bound to defend pursuant to the foregoing.

Governing Law and Jurisdiction

The Site and Services are controlled by Healthism from its offices within the Province of British Columbia, Canada. By accessing or using the Site or Services, you agree that all matters relating to your access to, or use of, the Site and Services shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, without regard to the conflict of laws principles thereof. Subject to the Dispute Resolution provision below, you agree and hereby submit to the non-exclusive jurisdiction of the Courts located in Vancouver, British Columbia, Canada with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Dispute Resolution

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms, your access and use of the Site and Services, including, without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to at the request of either party and finally settled (to the exclusion of the Courts) by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia, Canada in accordance with the International Institute for Conflict Prevention and Resolution Fast Track IT Rules (the “Rules”) then in effect (except to the extent inconsistent with and therefore superseded by this section). There shall be one arbitrator agreed to by the parties or, if the parties are unable to agree within thirty days after a request for arbitration is made, selected in accordance with the Rules. Each party shall pay its own attorneys’ fees and one-half of the costs of the arbitration. The arbitrator shall issue a written award, stating reasons therefore (including, without limitation, both findings of fact and conclusions of law), and may award any remedy available at law (subject to the limitations of these Terms); but shall have no power to amend, supplement or reinstate these Terms; to award remedies other as permitted by these Terms or to fail to follow applicable law. The award will be final, binding on the parties, and may be confirmed by the judgment of a court of competent jurisdiction. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against any Healthism Related Party related to any Claim and, where applicable, you also agree to opt out of any class proceedings against any Healthism Related Party. Notwithstanding the foregoing, Healthism reserves the right to pursue the protection of the Site, Site Content, Services, and its intellectual property rights, through injunctive or other equitable relief through the Courts.

General

Any consent by Healthism to, or waiver of, a breach of these Terms which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer these Terms or any right or obligation hereunder. If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. These Terms are not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any applicable agreements with Healthism or policies of Healthism that expressly reference these Terms, these Terms form the entire agreement between you and Healthism relating to the matters contained herein.