VO2 Master Health Sensors Inc. Website Use Agreement
1. Your Acceptance of this Agreement
These terms and conditions (“Agreement”) govern your use of the VO2 Master Health Sensors Inc. website and its content (collectively the “Website”) and constitute a binding legal agreement between you and VO2 Master Health Sensors Inc. (“VO2 Master”). Each time you access the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with this Agreement, in whole or in part, then you should not access or use the Website for any purpose. For purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity.
2. Permitted Users and Access
The Website may be used only by persons who can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.
3. Disclaimer and Liability Exclusion
VO2 Master does not accept any liability for your use of the Website. Your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by VO2 Master to the fullest extent permitted by law. VO2 Master will not under any circumstances be liable to you or any other person for any loss or damage arising from, connected with, or relating to the use of the Website by you or any other person.
4. Use of the Website
You agree not to take any action that may compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website. You agree not to use the Website in any manner that might interfere with the rights of third parties.
5. Services and Products
VO2 Master reserves the right without prior notice to discontinue or change specifications and prices on products and services offered or advertised on the Website. VO2 Master reserves the right to limit the order quantity on any item. In the event that a product or service is listed at an incorrect price for any reason, including a typographical error or error in pricing received from suppliers, VO2 Master shall have the right to refuse services or cancel orders for products placed for the product listed at the incorrect price, regardless of whether the order or service has been confirmed and/or your credit card charged.
6. Personal Information Privacy
7. Ownership and Permitted Use of the Website
The Website, including all of its content, is the property of VO2 Master and others, and is protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of VO2 Master.
8. Trademark Information
The trademarks, tradenames, logos and servicemarks (“Marks”) displayed on the Website are protected by intellectual property rights of VO2 Master and third parties in agreement with VO2 Master. Any use of any Mark, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
9. Other Sites
For your convenience, the Website may include links to other internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from VO2 Master, and VO2 Master has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. The inclusion of any link to an Other Site does not imply endorsement by VO2 Master of such Other Site, its owner or operator, or any products or services.
10. Information Automatically Collected
Non-Identifiable Information — The Website uses third party services such as Google Analytics, Google Ads, Google Tag Manager, and Facebook Pixel to collect and analyze information, in an anonymous form, about how visitors use the Website. Such information may include the internet Protocol (IP) address of your computer, the IP address of your internet service provider, the date and time you access the Website, the internet address of the website from which you linked directly to the Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the materials you post to or download from the Website. This non-identifiable information is used for Website and system administration purposes and to improve the Website. Your non-identifiable information may be disclosed to others and permanently archived for future use. By using the Website, you agree to the collection of such information and the such use of such third party services.
You hereby agree to defend, indemnify and hold VO2 Master, its shareholders, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, successor and assigns harmless from and against any and all claims, losses, liabilities and expenses (including lawyer’s fees) related to or arising out of your use of the Website, including any breach by you of this Agreement.
12. Termination of this Agreement and the Website
13. Governing Law and Dispute Resolution
This Agreement, your use of the Website, and all related matters are governed solely by the laws of the province of British Columbia and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between VO2 Master and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of British Columbia, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute or matter.
14. Changes to this Agreement
VO2 Master may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
15. Other Matters
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and VO2 Master relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and VO2 Master with respect to your use of the Website.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement shall enure to the benefit of and be binding upon each of VO2 Master and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.
You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of VO2 Master which may be withheld in VO2 Master’s sole discretion. VO2 Master may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.