Terms of Use
Welcome to Contrast HR and Contrast Wellness, an online platform whose mission and purpose is to help you manage your employees and engage people in activities that may improve health and wellness. Contrast Software LTD and their respective technology and software partners (collectively, “Provider”, “we” or “us”) asks that you read the following terms and conditions of use (“Terms of Use”) carefully before using Contrast HR and Contrast Wellness web sites (collectively, “Site”). YOUR ACCESS AND USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE. You agree to use the Site for lawful purposes and to comply with all applicable laws, rules and regulations while using the Site.
Agreement to Terms
BY USING THIS SITE, YOU SIGNIFY THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE APPLICABLE PRIVACY POLICY WITHOUT LIMITATION OR QUALIFICATION. We reserve the right to correct any errors, inaccuracies, or omissions and, at our discretion, to change, modify, add, or remove portions of the Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. If you do not agree with or wish to be bound by these to the Terms of Use, you may not access or use this Site for any purpose.
Privacy
You agree that you have read our privacy policy and agree to the terms of the policy. You give us permission to use your registration data and any other information you provide to or through the Site are subject to our privacy policy. For more information on how user details are collected, used and disclosed, see our privacy policy.
Copyright, Trademark and Usage
The contents of this Site are provided by and copyright of Contrast Software LTD, including (but not limited to) all text, images, design, functionality, data, media, and services provided (together "Content"). Content is protected by United States, Canadian and worldwide copyright laws and treaty protections. All rights reserved. The use or misuse of the content, except as provided in these Terms of Use or in additional terms and conditions applicable to specific areas of the Site is strictly prohibited.
The use of third-party names, logos, service marks and trademarks in the Site is agreed upon by that third party and the same rules apply. Our use of any third-party names, logos, service marks and trademarks, and the availability of the services of these third parties, does not imply that we endorse the third party or their services.
You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or otherwise make available any of the Content or Services of the Site. You will not modify, adapt, translate, use on any other web site or create a derivative work of such Content, in whole or in part. You agree not to attempt to obtain or use Content and Services through any means not intentionally made available through the Site, nor to attempt to gain unauthorized access to any systems or accounts by any means.
None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Provider.
Registration and Subscription
Certain of the Services and related features made available on Site may require registration, purchase or subscription.
User Content, Communication and Submissions
Certain areas of the Site may allow users to post, transmit or submit messages, communication, images, video, audio or other content (collectively "User Content") for viewing by other members and/or the general public. User Content provided by you will remain your property. Provider does not endorse and has no control over the content over such User Content. Provider makes no warranties, express or implied, as to the content, accuracy or reliability of any User Content.
You are solely responsible for the User Content that you upload, publish or display on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You agree to refrain from posting, delivering or providing links to any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Site, or any postings which advocate illegal activity.
Provider assumes no responsibility for actively monitoring User Content. If at any time Provider chooses, in its sole discretion, to monitor User Content, it nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. Provider reserves the right to edit, restrict or remove User Content for any reason at any time.
You agree that Provider may disclose any information as necessary to satisfy any law, regulation or other governmental request to protect itself or its users in accordance with the Privacy Policy.
Any ideas or suggestions regarding improvements or additions to Provider are subject to these Terms of Use. Under no circumstances shall any suggestion be subject to obligation of confidentiality or expectation of compensation. By submitting the idea to Provider, you waive any and all rights you may have in the idea and are representing and warranting to Provider that the idea or suggestion is wholly original with you.
User Conduct
In addition to these Terms of Use, you agree that your access to and use of the Site is in compliance with the laws governing such access, use, and related content in your geographic region. Use or access other than the intended purpose of the Site is prohibited.
You agree that your activities on the Site (including without limitation any User Content, messages or other communication) will not
Termination
You acknowledge and agree that Provider, in its sole and absolute discretion, may suspend or terminate your account or your use of the Site or Services when you have violated any of these Terms of Use. You further agree that Provider shall not be liable as a result of any such suspension or termination. If you are dissatisfied with the Site or Services, your sole remedy is to discontinue use of the Site.
Disclaimers
ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THE INFORMATION ON THE SITE, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE, ITS CONTENTS OR ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
PROVIDER DOES NOT GUARANTEE THAT THE SERVICES WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS. THE SERVICE PROVIDER RESERVES THE RIGHT TO MODIFY THE SITE OR SERVICE AT ANY TIME. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
THE RECOMMENDATIONS OF PROVIDER ARE NOT GUARANTEED TO IMPROVE PERFORMANCE OR ACHIEVE SPECIFIC RESULTS. YOU ACKNOWLEDGE THAT SUCCESS DEPENDS ON ATHLETE MOTIVATION, HEALTH, NATURAL ABILITIES, COMMITMENT, AND NUMEROUS OTHER FACTORS OUTSIDE OF OUR CONTROL.
USE OF THE SITE AND SERVICES, AND ANY INFORMATION CONTAINED WITHIN, IS STRICTLY AT YOUR SOLE RISK.
Health Disclaimer, Accuracy or Authenticity of Information
Because the information displayed on the Site and its subparts was compiled from various sources, we do not endorse, warrant or guarantee the accuracy, authenticity or completeness of any information or references displayed on the Site. Any information pertaining the sports, physical or mental training provided on the Site is intended for informational purposes only. Provider assumes no responsibility or liability for the information found on the Site, or for damage or injury to persons or property arising from the use of any product, information or idea contained in these materials. No information on this site should be considered as giving legal, medical or healthcare advice or diagnosis by us. The information on the Site is not a substitute for professional consultation and diagnosis by a physician.
You acknowledge and agree that any physical activity or training includes inherent risks, including the potential for serious injury or death. You should consult a medical professional before beginning any fitness program, including any exercises or techniques described on this Site. Illustration and description of exercise, nutritional and fitness techniques is educational only, and does not imply advice that you or any other user perform the technique. You agree that you will consult with and are cleared by a medical professional in relation to the performance or participation in any tasks or techniques described on the Site. Your use of information on this Site is voluntary and with full knowledge and personal assumption of all dangers and risks.
External Links
Some links within the Site may lead to external third-party web sites. Any such links are provided as a convenience only and not as an endorsement by Provider. We are not responsible or liable for any such sites and do not operate or control any of the information, products or services on these sites, nor endorse or make any representation or warranty regarding these sites. If you follow any external links, you do so at your own risk. You agree that Provider is not responsible or liable in any way for the accuracy, legality, decency, safety or fitness for use of the material contained in any site linked from this Site.
Virus Protection
We are not responsible for any electronic virus or viruses, worms, or other harmful or intrusive components (exploits) that you may encounter through your connection to the Internet. We cannot and do not guarantee or warrant that files available for downloading from this website will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. We strongly suggest that you routinely scan your computer and any connected storage media or devices using a reliable, up-to-date virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus, intrusion or exploit may corrupt data and/or destroy your software programs, files or hardware.
Consumer Data
Once your Consumer Data is uploaded to Site, Provider shall own and have the right to use all Consumer Data as described in the Privacy Policy. We shall have the right to use and view your Consumer Data for the following purposes: (a) providing a fully functioning consumer experience for any user of the Site; (b) using Consumer Data in aggregate, a non-identifiable form for researching and improving the software and documentation behind the Site; and (c) to remove Consumer Data from the Site upon your request.
You have the sole and exclusive right to create and upload any personal information about you that you or a service provider acting on your behalf uploads to the Site, including contact information, Site preferences, events, health information, interests, goals and family member information ("Consumer Data"). You also have the sole and exclusive right to modify and remove personal information with the exception of certain information that can only be removed by deleting your account.
Notice of Claim of Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. Upon receiving proper notice, we will act to remove or disable access to material as set forth in the Digital Millennium Copyright Act. Any notifications of claimed copyright infringement must be sent to us at the address below. When notifying us of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyrighted material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
Indemnity by Users
In consideration of your being permitted to use this Site, you (on your own behalf and by any other person on your behalf) agree to defend, indemnify and hold harmless Provider and its respective past, present and future shareholders, officers, employees and agents, including all third parties mentioned on the Site (each, a "Released Party"), from and against any and all claims, cost, expense, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Site or Services.
You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of fitness or health information and that you will not sue any Released Party based on such information or advice.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA, EVEN IF A PROVIDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROVIDER TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
Geography, Governing Law and Jurisdiction
Provider makes no representation or warranty that the Site or any of the Services are appropriate or available for use at any locations outside North America. If you access the Site from outside the United States or Canada, you are responsible for compliance with all applicable laws.
These Terms of Use shall be interpreted, construed and governed by the laws of the Province of Saskatchewan, Canada, without reference to its conflict of laws principles, and to the extent that the substantive and procedural federal law would apply to these Terms of Use it supersedes. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Saskatchewan, Canada and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
General Provisions
These Terms of Use constitute the entire agreement between Provider and you pertaining to your use of the Site and Services. These Terms supersede any prior agreements between you and Provider. This agreement is personal to you, and you may not assign your rights or obligations to anyone. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance.
The failure of Provider to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The parties have required that these Terms of Use and all related documents be drawn up in English.
Contact Information
If you have any comments on or questions about the Terms of Use, please contact us at:
Contrast Software LTD
#104 - 733 Broadway Ave.
Saskatoon SK S7N 1B3
Canada
Date this policy was most recently revised: March 2021
Welcome to Contrast HR and Contrast Wellness, an online platform whose mission and purpose is to help you manage your employees and engage people in activities that may improve health and wellness. Contrast Software LTD and their respective technology and software partners (collectively, “Provider”, “we” or “us”) asks that you read the following terms and conditions of use (“Terms of Use”) carefully before using Contrast HR and Contrast Wellness web sites (collectively, “Site”). YOUR ACCESS AND USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF USE. You agree to use the Site for lawful purposes and to comply with all applicable laws, rules and regulations while using the Site.
Agreement to Terms
BY USING THIS SITE, YOU SIGNIFY THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE APPLICABLE PRIVACY POLICY WITHOUT LIMITATION OR QUALIFICATION. We reserve the right to correct any errors, inaccuracies, or omissions and, at our discretion, to change, modify, add, or remove portions of the Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. If you do not agree with or wish to be bound by these to the Terms of Use, you may not access or use this Site for any purpose.
Privacy
You agree that you have read our privacy policy and agree to the terms of the policy. You give us permission to use your registration data and any other information you provide to or through the Site are subject to our privacy policy. For more information on how user details are collected, used and disclosed, see our privacy policy.
Copyright, Trademark and Usage
The contents of this Site are provided by and copyright of Contrast Software LTD, including (but not limited to) all text, images, design, functionality, data, media, and services provided (together "Content"). Content is protected by United States, Canadian and worldwide copyright laws and treaty protections. All rights reserved. The use or misuse of the content, except as provided in these Terms of Use or in additional terms and conditions applicable to specific areas of the Site is strictly prohibited.
The use of third-party names, logos, service marks and trademarks in the Site is agreed upon by that third party and the same rules apply. Our use of any third-party names, logos, service marks and trademarks, and the availability of the services of these third parties, does not imply that we endorse the third party or their services.
You agree not to reproduce, retransmit, distribute, sell, publish, broadcast or otherwise make available any of the Content or Services of the Site. You will not modify, adapt, translate, use on any other web site or create a derivative work of such Content, in whole or in part. You agree not to attempt to obtain or use Content and Services through any means not intentionally made available through the Site, nor to attempt to gain unauthorized access to any systems or accounts by any means.
None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Provider.
Registration and Subscription
Certain of the Services and related features made available on Site may require registration, purchase or subscription.
- Should you choose to register, purchase or subscribe for any such Services, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete
- Should you choose to use any subscription-based services, you agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services. All fees are non-refundable
- Each user of subscription services must have their own personal account. You agree to be responsible for maintaining the confidentiality of any passwords or other account identifiers chosen or assigned in association with your account. Accounts may not be shared or resold. You agree to be responsible for all activities that occur under such password or account, and to notify Provider of any unauthorized use of your password or account. You agree to exit from your account at the end of each session in shared computer environments. Provider shall not be responsible or liable in any way for any loss or damage of any kind in connection with your failure to comply with this Section
- You may terminate your subscription at any time, which termination will only be effective at the end of your current subscription period
- Provider reserves the right to terminate or suspend your account and your use of the Service where Provider has determined account use is in violation of these Terms of Use, or if account payment is not received in a timely manner
- You are solely responsible for and must provide all computer, network, software and other equipment necessary to access the Site
- Users must be 18 years of age or older. By accepting these Terms of Use and signing up for Subscription Services (if any), you represent that you are at least 18 years of age and possess the legal right and ability to agree to these Terms of Use and to form a legally binding contract under applicable law
User Content, Communication and Submissions
Certain areas of the Site may allow users to post, transmit or submit messages, communication, images, video, audio or other content (collectively "User Content") for viewing by other members and/or the general public. User Content provided by you will remain your property. Provider does not endorse and has no control over the content over such User Content. Provider makes no warranties, express or implied, as to the content, accuracy or reliability of any User Content.
You are solely responsible for the User Content that you upload, publish or display on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You agree to refrain from posting, delivering or providing links to any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Site, or any postings which advocate illegal activity.
Provider assumes no responsibility for actively monitoring User Content. If at any time Provider chooses, in its sole discretion, to monitor User Content, it nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. Provider reserves the right to edit, restrict or remove User Content for any reason at any time.
You agree that Provider may disclose any information as necessary to satisfy any law, regulation or other governmental request to protect itself or its users in accordance with the Privacy Policy.
Any ideas or suggestions regarding improvements or additions to Provider are subject to these Terms of Use. Under no circumstances shall any suggestion be subject to obligation of confidentiality or expectation of compensation. By submitting the idea to Provider, you waive any and all rights you may have in the idea and are representing and warranting to Provider that the idea or suggestion is wholly original with you.
User Conduct
In addition to these Terms of Use, you agree that your access to and use of the Site is in compliance with the laws governing such access, use, and related content in your geographic region. Use or access other than the intended purpose of the Site is prohibited.
You agree that your activities on the Site (including without limitation any User Content, messages or other communication) will not
- take action that might compromise the security of the Site, render it inaccessible to others, or otherwise cause damage to the Site or any Content contained on the Site
- add to, subtract from, or otherwise modify the Content, unique session identifiers or HTTP headers used in the displaying of the Site
- copy, distribute, modify, transmit, re-use, re-post, or otherwise display Content for public or commercial purposes without our prior written permission to the use of such Content
- frame or reproduce any parts of the Site without our permission
- constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, state, national or international law, including infringement of copyright, patents, trademarks, laws governing trade secrets, rights of privacy, or publicity;
- transmit content Provider considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically, libelous or otherwise objectionable;
- postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability;
- upload, post, transmit, share, store or otherwise make available any text, images, or videos other than those of a personal nature that: (i) are of you or your associates, (ii) are taken by you or your associates, or (iii) are original art or animation created by you or your associates;
- harm minors in any way;
- intimidate or harass another;
- impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
- advertise, promote or intend to solicit any products, services, donations or other web sites;
- transmit any virus or other harmful component or otherwise disrupt the operation of the Site in any way;
- attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Termination
You acknowledge and agree that Provider, in its sole and absolute discretion, may suspend or terminate your account or your use of the Site or Services when you have violated any of these Terms of Use. You further agree that Provider shall not be liable as a result of any such suspension or termination. If you are dissatisfied with the Site or Services, your sole remedy is to discontinue use of the Site.
Disclaimers
ALTHOUGH CARE HAS BEEN TAKEN TO ENSURE THE ACCURACY OF THE INFORMATION ON THE SITE, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE, ITS CONTENTS OR ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
PROVIDER DOES NOT GUARANTEE THAT THE SERVICES WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS. THE SERVICE PROVIDER RESERVES THE RIGHT TO MODIFY THE SITE OR SERVICE AT ANY TIME. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE.
THE RECOMMENDATIONS OF PROVIDER ARE NOT GUARANTEED TO IMPROVE PERFORMANCE OR ACHIEVE SPECIFIC RESULTS. YOU ACKNOWLEDGE THAT SUCCESS DEPENDS ON ATHLETE MOTIVATION, HEALTH, NATURAL ABILITIES, COMMITMENT, AND NUMEROUS OTHER FACTORS OUTSIDE OF OUR CONTROL.
USE OF THE SITE AND SERVICES, AND ANY INFORMATION CONTAINED WITHIN, IS STRICTLY AT YOUR SOLE RISK.
Health Disclaimer, Accuracy or Authenticity of Information
Because the information displayed on the Site and its subparts was compiled from various sources, we do not endorse, warrant or guarantee the accuracy, authenticity or completeness of any information or references displayed on the Site. Any information pertaining the sports, physical or mental training provided on the Site is intended for informational purposes only. Provider assumes no responsibility or liability for the information found on the Site, or for damage or injury to persons or property arising from the use of any product, information or idea contained in these materials. No information on this site should be considered as giving legal, medical or healthcare advice or diagnosis by us. The information on the Site is not a substitute for professional consultation and diagnosis by a physician.
You acknowledge and agree that any physical activity or training includes inherent risks, including the potential for serious injury or death. You should consult a medical professional before beginning any fitness program, including any exercises or techniques described on this Site. Illustration and description of exercise, nutritional and fitness techniques is educational only, and does not imply advice that you or any other user perform the technique. You agree that you will consult with and are cleared by a medical professional in relation to the performance or participation in any tasks or techniques described on the Site. Your use of information on this Site is voluntary and with full knowledge and personal assumption of all dangers and risks.
External Links
Some links within the Site may lead to external third-party web sites. Any such links are provided as a convenience only and not as an endorsement by Provider. We are not responsible or liable for any such sites and do not operate or control any of the information, products or services on these sites, nor endorse or make any representation or warranty regarding these sites. If you follow any external links, you do so at your own risk. You agree that Provider is not responsible or liable in any way for the accuracy, legality, decency, safety or fitness for use of the material contained in any site linked from this Site.
Virus Protection
We are not responsible for any electronic virus or viruses, worms, or other harmful or intrusive components (exploits) that you may encounter through your connection to the Internet. We cannot and do not guarantee or warrant that files available for downloading from this website will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. We strongly suggest that you routinely scan your computer and any connected storage media or devices using a reliable, up-to-date virus protection software product to detect and remove any viruses found. An undetected or unrepaired virus, intrusion or exploit may corrupt data and/or destroy your software programs, files or hardware.
Consumer Data
Once your Consumer Data is uploaded to Site, Provider shall own and have the right to use all Consumer Data as described in the Privacy Policy. We shall have the right to use and view your Consumer Data for the following purposes: (a) providing a fully functioning consumer experience for any user of the Site; (b) using Consumer Data in aggregate, a non-identifiable form for researching and improving the software and documentation behind the Site; and (c) to remove Consumer Data from the Site upon your request.
You have the sole and exclusive right to create and upload any personal information about you that you or a service provider acting on your behalf uploads to the Site, including contact information, Site preferences, events, health information, interests, goals and family member information ("Consumer Data"). You also have the sole and exclusive right to modify and remove personal information with the exception of certain information that can only be removed by deleting your account.
Notice of Claim of Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. Upon receiving proper notice, we will act to remove or disable access to material as set forth in the Digital Millennium Copyright Act. Any notifications of claimed copyright infringement must be sent to us at the address below. When notifying us of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyrighted material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.
Indemnity by Users
In consideration of your being permitted to use this Site, you (on your own behalf and by any other person on your behalf) agree to defend, indemnify and hold harmless Provider and its respective past, present and future shareholders, officers, employees and agents, including all third parties mentioned on the Site (each, a "Released Party"), from and against any and all claims, cost, expense, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Site or Services.
You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of fitness or health information and that you will not sue any Released Party based on such information or advice.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA, EVEN IF A PROVIDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROVIDER TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
Geography, Governing Law and Jurisdiction
Provider makes no representation or warranty that the Site or any of the Services are appropriate or available for use at any locations outside North America. If you access the Site from outside the United States or Canada, you are responsible for compliance with all applicable laws.
These Terms of Use shall be interpreted, construed and governed by the laws of the Province of Saskatchewan, Canada, without reference to its conflict of laws principles, and to the extent that the substantive and procedural federal law would apply to these Terms of Use it supersedes. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Saskatchewan, Canada and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
General Provisions
These Terms of Use constitute the entire agreement between Provider and you pertaining to your use of the Site and Services. These Terms supersede any prior agreements between you and Provider. This agreement is personal to you, and you may not assign your rights or obligations to anyone. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect or significance.
The failure of Provider to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The parties have required that these Terms of Use and all related documents be drawn up in English.
Contact Information
If you have any comments on or questions about the Terms of Use, please contact us at:
Contrast Software LTD
#104 - 733 Broadway Ave.
Saskatoon SK S7N 1B3
Canada
Date this policy was most recently revised: March 2021