(Last updated December 2020)
This Agreement sets forth the terms and conditions that apply to the use of the Site by the End User. By visiting the Site, End User agrees to comply with all of the terms and conditions hereof.
As a part of and through the Site, Konnected and its respective affiliates, contractors, agents, consultants, or other third parties (the “Konnected Group”) provides an interactive online service on the Internet, consisting of information and content provided by the Konnected Group. The right to use the Site is personal to End User, and is not transferable unless authorized in writing by Konnected. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Konnected, and the Konnected Group shall not be responsible or liable for an End User’s use of the Site or loss of data while transmitting information on the Site.
End User acknowledges that the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that the Site may be interrupted, suspended, or terminated from time to time.
Konnected shall have the right at any time to change or discontinue any aspect or feature of the Site.
Your use of the Site is solely at your own risk and subject to all applicable laws and regulations. The Konnected Group will be not be liable for any loss resulting from a cause over which it does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
APPLICABLE LAW AND VENUE
You and Konnected explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site relating to Konnected or the Konnected Group will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these terms and conditions; (b) the services offered by Konnected or the Konnected Group; (c) oral or written statements, advertisements or promotions relating to these terms and conditions or to the Services; or (d) the relationships that result from these terms and conditions or the services offered by Konnected or the Konnected Group (collectively, a “Claim“) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Konnected or the Konnected Group related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Konnected or the Konnected Group. If you have a Claim, you should give written notice to arbitrate at the address specified below. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Konnected for your failure to comply with any such laws.
DISCLAIMER OF WARRANTY
The Site offers access to health and wellness products and services and other interesting items that End Users may access from the Site. Konnected does not recommend, endorse, warrant, or guarantee any specific product or service available through the Site.
NO WARRANTY; LIMITATION OF LIABILITY
END USER EXPRESSLY AGREES THAT USE OF THE SITE AND ANY THIRD PARTY SITE IS AT END USER’S SOLE RISK. NEITHER THE KONNECTED GROUP NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCT OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE OR ANY THIRD PARTY SITE. THE SITE AND THE THIRD PARTY SITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR INFORMATION OR OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT THE KONNECTED GROUP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY END USER OR THIRD-PARTY UNDER OR THROUGH THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL THE KONNECTED GROUP, OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING, MANAGING, AND/OR OPERATING THE SITE OR THE CONTENTS THEREOF, INCLUDING ANY THIRD PARTY SITE AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, IN EXCESS OF THE ACTUAL AMOUNT, IF ANY, PAID BY THE END USER WITH RESPECT TO THE SPECIFIC TRANSACTION AT ISSUE.
END USER CONDUCT
Everything located on or in the Site, including the Third Party Sites, is the exclusive property of Konnected or others of the Konnected Group, or of another third party, but is used with express permission of the copyright and/or trademark owner. Konnected or others of the Konnected Group is the owner of the copyright in the entire content (including images, text, and look and feel attributes) of the Site and reserves all rights in that regard. ANY COPYING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF Konnected IS STRICTLY PROHIBITED. Removing or altering the copyright notice on any material on the Site is prohibited. Any commercial use of the Site content is prohibited without the prior written consent of Konnected. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject End User to civil and/or criminal penalties. The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Konnected or other of the Konnected Group or others, and is protected by copyright under all applicable copyright laws.
End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download, print, and save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of Konnected and the copyright owner is permitted. If copying, redistribution, or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. End User acknowledges that End User does not acquire any ownership rights by downloading copyrighted material.
Any trademarks used on the Site are trademarks of Konnected and others of the Konnected Group, or are used with appropriate permissions; all rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on are the property of their respective owners. Trademarks that are located within or on the Site or a web site otherwise owned or operated in conjunction with any of the Konnected Group shall not be deemed to be in the public domain but rather the exclusive property of Konnected or others of the Konnected Group (or their licensed or permitted property, as appropriate), unless such web site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Konnected and the Konnected Group, unless otherwise stated. None of the Konnected Group has any express burden or responsibility to provide End User with indications, markings, or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked.
COMMUNICATIONS WITH THE SITE
Konnected welcomes your feedback and suggestions about how to improve our products and services and the Site. By transmitting any suggestions, information, material, or other content (collectively, “Content”) to any of the Konnected Group, or any public area of the Site you automatically (a) grant the Konnected Group the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and (b) authorize the Konnected Group to respond to your communication to any of the Konnected Group. Further, the Konnected Group is free to use any and/or none of the ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to the Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information. The Konnected Group is not responsible and shall not be liable for content posted to the Site by visitors or persons other than Konnected employees. Opinions or comments contained in content reflect the views of the author and not of the Konnected Group, unless Konnected expressly states the contrary.
End User also permits any other End User to access, view, store, or reproduce the communications or other material for that End User’s personal use. End User hereby grants the Konnected Group the right to edit, copy publish, and distribute any communications or other material made available on the Site by End User. The foregoing provisions of this Section apply equally to and are for the benefit of each of the Konnected Group and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Konnected directly or indirectly through others of the Konnected Group shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by any of the Konnected Group, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Konnected directly or indirectly through others of the Konnected Group shall have the right to remove any material that Konnected, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
End User agrees to defend, indemnify, and hold harmless each of the Konnected Group (including Konnected) and its and their affiliates and respective directors, officers, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, cost or debt, and expenses, including but not limited to reasonable solicitors’ fees, arising from (a) End User’s use of and access to the Site and/or the Third Party Sites, (b) End User’s violation of any provisions of this Agreement, (c) End User’s violation of any third party right, including without limitation any copyright, property, or privacy right, or (d) any claim that any content or information submitted by End User causes damage to a third party. This defense and indemnification obligation specifically will survive the termination of this Agreement and your use of the Site.
RESERVATION OF RIGHTS AND RELEASE
Konnected reserves the right, but has no obligation, to monitor or take any action Konnected deems appropriate regarding disputes that End User may have with other customers of ours. To the extent the law permits, End User releases each of the Konnected Group from any claims or liability related to any content or other information posted on the Site and from any claims related to the conduct of any other customers or other End Users.
Konnected may terminate this Agreement at any time. Without limiting the foregoing, any of the Konnected Group shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which any of the Konnected Group, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement.
THIRD PARTY LINKS AND CONTENT
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by individual Konnected Merchants and other third parties, including information providers or any other end users are those of the respective author(s) or distributors, and not of any of the Konnected Group. Neither Konnected nor any of the Konnected Group, nor any third-party provider of information, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through the Site represents the opinions and judgments of the respective information provider, End User, or other user and none of the Konnected Group either endorses or is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized Konnected employees while acting in official capacities. Under no circumstances will any of the Konnected Group be liable for any loss or damage caused by an End User’s reliance on information obtained through the Site. It is the responsibility of each End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc. or other content available through the Site. The Site contains links to third party web sites maintained by individual Konnected Merchant and other content providers. These links are provided solely as a convenience to you and not as an endorsement by any of the Konnected Group of the contents on such individual Konnected Merchant and other Third-Party Sites and the Konnected Group hereby expressly disclaims any representations regarding the content or accuracy of materials on such individual Konnected Merchants and Third-Party Sites. If you decide to access linked individual Konnected Merchant and other Third-Party Sites, you do so at your own risk. None of the Konnected Group controls, endorses, promotes, or has any affiliation with any other web site unless expressly stated in the Site. Unless you have executed a written agreement with Konnected expressly permitting you to do so, you may not provide a hyperlink to the Site from any other web site. Konnected reserves the right to revoke its consent to any link at any time in its sole discretion.
LINKS TO OTHER WEBSITES
The Site may, from time to time, contain links to other Internet web sites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which the Konnected Group exercises no control, and the Konnected Group expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these individual Konnected Merchant and other third-party sites.
NO MEDICAL SERVICES OR ADVICE
Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, medical advice. No doctor-patient relationship is established between any of the Konnected Group and you by reason of your use of the Site or under any circumstances whatsoever. The information in the Site is for general informational purposes only. If you have questions about medical issues, or sensitive or confidential matters or other medical or health information or services expressly or implicitly referenced in the Site, you should contact your own appropriate health professionals.
The communications between you and the Konnected Group will be through electronic means, whether you visit the Site or send us e-mails, or whether we post notices on the Site or communicate with you via e-mail. Once you sign-up to receive e-mails from us, and unless and until you elect to opt out of receiving e-mails from us, for contractual purposes, you: (a) consent to receive communications from the Konnected Group in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that any of the Konnected Group may provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You may revoke your authorization for us to send you promotional e-mails pertaining to Konnected Deals and other matters pertaining to the Site at any time by updating your profile accordingly. Your revocation will not affect any use or disclosure of your information by any of the Konnected Group prior to Konnected’s receipt of the revocation and its response to you confirming such revocation.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship, or agency. Except as specifically stated in this Agreement (if at all), there are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Konnected’s prior written consent, and any attempt by you to do so will be invalid. Should any Section of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
If you have any questions or comments or receive any unwanted e-mail from the Site, please contact us at: email@example.com.
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