These Service Terms and Conditions (the “terms of service” or the “Terms of Service”) govern the Polston Health websites www.polstonhealth.com. These platforms are the property of Polston Health. By accessing the platform, you agree to the terms of service. Please refrain from using these platforms if you do not agree to the Terms of Service. Polston Health retains the right, at its sole discretion, to add, remove, modify, or adjust portions of these Terms of Service at any time. It is your responsibility to review and check Terms of Service periodically for modifications. Your continued use of the platform following the publication of modifications will signify that you acknowledge and agree to the modifications.
Content
All content, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the platform is owned, controlled, or licensed by or to Polston Health, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as explicitly provided in these Terms of Service, no part of the platform and no Content may be copied, duplicated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner.
Your Use of the Platform
You may not use any “deep link,” “page-scrape,” “robot,” “spider,” or other automated device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the platform or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the platform. Polston Health reserves all rights to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform or to any Polston Health server, or to any of the services offered on or through the platform, by hacking, password “mining,” or any other illegitimate means. You agree to refrain from using any device, software, or routine to interfere or attempt to interfere with the proper functioning of the platform or any transaction being conducted on the platform, or with any other person’s use of the platform. You may not use the platform or any Content for any purpose that is illegal or prohibited by these Terms of Service, or to solicit the performance of any criminal activity or other activity which infringes the rights of Polston Health or others.
Purchases; Additional Terms and Conditions
Additional terms and conditions may apply to purchase of goods or services and to specific portions or features of the platform, including contests, promotions, or other similar features, all of which terms are incorporated into these Terms of Service by this reference. You agree to abide by such additional terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Service and the terms posted for or applicable to a specific portion of the platform or for any service offered on or through the platform, the latter terms will control with respect to your use of that portion of the platform or the specific service.
Polston Health’s obligations, if any, concerning its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this platform should be construed to alter such agreements.
Polston Health may make changes to any products or services offered on the platform, or to the applicable prices for any such products or services, at any time, without notice. The materials on the platform concerning products and services may be outdated, and Polston Health makes no commitment to update the materials on the platform regarding such products and services.
Disclaimers
Polston Health does not warrant that its platforms’ content, features, or services will be free from errors, defects, or interruptions. Polston Health does not warrant that any issues will be resolved or your use of the platforms will provide any specific results. The platform and content are delivered on an “as is” basis with no warranties. All the platform’s content is subject to modification without any notice to anyone. Polston Health cannot ensure that any files or other data you download from these platforms will be free of viruses, contamination, or destructive features. Polston Health disclaims all warranties (includes but is not limited to warranty of non-infringement, merchantability, accuracy, and fitness for a particular purpose). Polston Health disclaims all liability for the acts, omissions, and conduct of any third parties related to your use of the platform and/or any Polston Health service. You assume complete responsibility for your use of the platforms and linked platforms. Your sole remedy against Polston Health for dissatisfaction with any content or the platforms is to cease utilizing the content or the platforms. This limitation of remedy is part of the agreement between all parties.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Limitation of Liability
Except where prohibited by law, in no event will Polston Health be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Polston Health has been advised regarding the possibility of such damages.
If, notwithstanding other provisions of these Terms of Service, Polston Health is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the platform or any Content, Polston Health’s liability will in no event exceed the greater of (1) the total of any subscription or similar fees concerning any service or feature of or on the platform paid in the six months prior to the date of the initial claim made against Polston Health (but excluding the purchase price for any Polston Health hardware or software products or any Polston Health Care or similar service program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Polston Health, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, expenses, damages, or costs (including attorneys’ fees), made against Polston Health by any third party due to or arising out of or in connection with your use of the platform.
Violation of These Terms of Service
Polston Health may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the platform, or to identify, contact, or bring legal action against someone who may be causing injury or interference with (either intentionally or unintentionally) Polston Health’s rights or property, or the rights or property of visitors to or users of the platform, including Polston Health’s customers. Polston Health reserves the right at all times to disclose any information that Polston Health deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Polston Health also may disclose your information when Polston Health determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the platform, including all disputes, will be governed by the laws of Canada and by the laws of Alberta without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the provincial and federal courts in Calgary, Alberta, and waive any objection to such jurisdiction or venue. The foregoing provision regarding venue does not apply if you are a consumer located in Europe, Africa, or the United States. If you are a consumer located in Europe, Africa, or the United States, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Polston Health and you arising out of or relating to your use of the platform, the parties will attempt, promptly and in good faith, to resolve any such dispute. If we cannot resolve such dispute within a reasonable time (not to exceed ninety (90) days), then either party may submit such controversy or dispute to mediation. If the controversy cannot be resolved through mediation, then the parties will be permitted to pursue any right or remedy available to them under the applicable law.