iMaster reserves the right at any time to suspend or terminate your account, username, password, or other identifier (whether chosen by you or provided by us), or your access to this website, in our sole discretion, without notice and for any reason, including for any violation of this Agreement. We also reserve the right, in our sole discretion, to modify or discontinue offering the Sites, in whole or in part, including any of the Sites’ features, functionality, tools or content, at any time, for any reason or no reason, with or without notice to you. iMaster will not be liable to you or any third party for any suspension or termination of your account or your use of, or inability to use, the Sites.
You are solely responsible for providing accurate and up-to-date information when using the Sites, including but not limited to providing true and complete information related to your health condition and current symptoms, and updating such information if your condition changes. We rely on the information you provide in order to deliver the Services and relevant content to you. We may refuse to provide Services to you for any reason, in our sole discretion.
RELIANCE ON ANY INFORMATION OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITES OR OTHERWISE PROVIDED BY IMASTER IS SOLELY AT YOUR OWN RISK.
The safety and security of your information also depends on you. You must keep any username, password, or any other piece of information used to create an account (whether chosen by you or provided to you as part of our security procedures) confidential, and you must take all reasonable precautions to prevent access or disclosure to, or use by, any other person or entity. You agree to notify us immediately of any known or suspected unauthorized access to or use of your account, username, password or other security information, or any other breach of security by emailing us at [email protected]. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access to your account. You are also responsible for ensuring that all information you provide on the Sites is correct, current, and complete, and for promptly advising us of any changes required to the email address or other contact information associated with your account.
You are prohibited from using the Sites for any illegal, fraudulent or defamatory purposes, to take any steps that could undermine the security or integrity of the Sites, or to cause harm to, or threaten to harm, any other user of the Sites. You are also prohibited from attempting to circumvent and from violating the security of the Sites, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) disrupting network services or otherwise disrupting our ability to monitor the Sites; (e) using any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; (f) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Sites via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (h) otherwise attempting to interfere with the proper working of the Sites; and (i) advocating, encouraging, assisting or permitting any third party to do any of the foregoing.
Any changes to the Fees will take effect on the renewal date of your subscription. We will provide you with advance notice of any changes to Fees, including expiration of any trial period, promotion or discount.
The Term will automatically renew for the same duration (or, in the case of a trial period, for the length of subscription you selected), unless you cancel your subscription for the Services within your account at least 30 days before the end of the then-current Term (or, in the case of a trial period, before the end of the trial period), in which case, such cancellation will take effect at the end of the then-current Term.
We may terminate this Agreement and your rights under it, or suspend your access to the Services, without notice to you, at any time, in the event of actual or suspected breach of the terms of this Agreement by you, including failure to pay the Fees when due. To the extent you are using the Services on a trial basis or to beta test new features or functionalities, iMaster may terminate the trial or beta test features at any time.
Subject to your compliance with this Agreement, iMaster grants you a limited, revocable, non-exclusive, personal, non-transferable, non-assignable and non-sublicensable right to access and use the Sites and the Sites’ content for your own personal use during the Term, but you may not copy, redistribute, reproduce, republish, re-transmit, modify, create derivative works of, or make public any of the IP, or use the IP for commercial or other uses, in whole or in part, without the express written consent of iMaster. Use of any IP, except as expressly authorized, will constitute an infringement or violation of the rights of iMaster, may be a violation of federal or other laws, and could subject you to legal action.
You hereby grant iMaster a non-exclusive, worldwide, perpetual, irrevocable, fee and royalty-free, fully transferrable and sub-licensable right and license to exploit any recommendations, enhancement requests, suggestions, or other feedback on the features or functionality of the Sites you may provide. You also acknowledge and agree that iMaster may collect and compile data and information related to your use of the Sites, including any information you provide, and use it in an aggregated and anonymized manner (“Aggregated Data”). As between you and iMaster, all right, title, and interest in the Aggregated Data, and all intellectual property rights therein, belong to and are retained solely by iMaster. You acknowledge and agree that iMaster may use Aggregated Data for any purpose, provided such Aggregated Data has been fully de-identified, including, but not limited to, to improve the Sites and for reporting and research purposes.
iMASTER reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification by you. You agree to provide all assistance as iMaster may reasonably request in defence of any such claims.
Without limiting the foregoing, imaster disclaims any and all liability related to (i) your use of or inability to use the sites, (ii) the acts or omissions of any person(s) with whom you may communicate or interact as a result of your use of the sites, and (iii) any content accessed or viewed in connection with the use of the sites.
To the maximum extent permitted by law, in no event shall imaster or its directors, officers, employees, contractors, agents or representatives be liable to you, directly or indirectly, for any consequential, punitive, incidental, or special damages of any kind whatsoever (including, but not limited to, loss of your content or loss of business opportunity, profits, revenue or economic advantage) regardless of the theory of liability (whether based in contract, tort (including negligence), strict liability, misrepresentation, or under any other theory of liability whatsoever) even if imaster has been advised of the possibility of such losses.
In the event that the foregoing limitations of liability are determined by a court of competent jurisdiction to be unenforceable in your jurisdiction and imaster is found legally responsible to you for any losses you may have suffered arising in connection with your access to and use of, or inability to access or use, the sites, then imaster’s aggregate liability to you will not exceed the fees we received from you during the three-month period immediately preceding the date on which the damages arose.
The fees to be paid to imaster under this agreement do not include any assumption of risk or the possibility of such potential losses. You further acknowledge that (a) the fees charged under this agreement are based upon the disclaimer of warranties and limitation of liability specified herein and (b) such fees would be substantially higher if any of these provisions were unenforceable.
You and imaster acknowledge and agree that the essential purpose of section 9 and 10 is to allocate the risks under this agreement between you and imaster and you and imaster have relied on these limitations in determining whether to enter into this agreement.
This Agreement is governed by and is to be construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law rule in any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods. The parties submit themselves to the exclusive jurisdiction of the federal or provincial courts located in Vancouver, British Columbia, Canada (except that iMaster may seek injunctive relief to prevent improper or unauthorized use or disclosure of any IP in any court of competent jurisdiction). EACH PARTY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
If any provision of this Agreement is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Agreement, which will remain in full force and effect. iMaster’s failure to enforce, or delay in enforcing, any of the provisions of this Agreement will not operate as a waiver of any of iMaster’s rights or privileges under this Agreement.
Sections 3, 4, 5, 7, 8, 9, 10, 11 and 12 of this Agreement shall survive in full force and effect notwithstanding any termination or expiry of this Agreement.
If you have any questions about this Agreement, please email us at [email protected].